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2015 (2) TMI 671 - RAJASTHAN HIGH COURTRegistration under section 12AA denied - Tribunal allowed the claim - Held that:- Object of section 12AA is to examine the genuineness of the objects of the trust but not the income of the trust for charitable or religious purpose. The Commissioner cannot sit in the chair of the Assessing Officer to look into the amount spent on charitable activities at the time of creation of the trust. The stage for reviewing the application of income has not arrived at when such trust or institution files application for registration of the trust/society. The only thing to be looked into at the time of granting of registration is that the object of the trust for which it was formed have to be seen and examined, the Commissioner of Income-tax's satisfaction about the genuineness of the activities of the trust is not a criteria as the trust is yet to commence activities. Asking about charitable activities at the nascent stage would amount to putting a cart before the horse. Tribunal rightly directed the Commissioner for granting registration under section 12AA of the Act. - Decided in favour of assessee.
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