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2014 (1) TMI 602 - AT - Income TaxRejection of registration u/s 12AA - Held that:- Following Bai Hirbai Rahim Aloo Paroo & Kesarbai Dharmamsey Kakoo Charitable & Religious Trust [1967 (9) TMI 26 - BOMBAY High Court] - There is no basis for distinction drawn by the Tribunal between a religious purpose so far as personal law of the settler is concerned and a religious purpose within the meaning of Income-tax Act - The High Court found that income of the trust arising from the scheme of the management was exempt u/s 4(3)(i) of the Act. The assessee mainly contends that death anniversary of some of the personalities were observed and the philosophy of Sree Narayanan Guru was propagated among the general public - This contention of the assessee was not examined by the Commissioner - The Commissioner proceeded on the footing that the creation of the sangham itself was not established by producing necessary evidence - Even though the assessee claims that the sangam was registered with Registrar of Joint Stock Companies, the copy of the registration certificate was not produced before the Commissioner of Income-tax - The Commissioner of Income-tax doubted the very existence of the trust - This Tribunal is of the considered opinion that unless and until the assessee establishes the creation of the trust by producing necessary material it cannot claim any registration u/s 12AA of the Act - It is obligatory on the part of the assessee to produce necessary material for its existence in law - Giving one more opportunity to the assessee to produce necessary material to establish the creation of the trust may not prejudice the interest of the revenue in any way – The issue was restored to the CIT(A) for fresh adjudication.
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