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2009 (12) TMI 55 - HC - Income TaxRegistration of trust – old provisions of Section 12A versus new provisions of section 12AA - The assessee trust came to existence on 01.12.1995 claiming that the main object was providing medical facilities to the sick and handicapped and also provide medical education, training and research in the field. The Trust filed an application in Form 10A and 10B and 12A(a) and 80G of the Act for registration of the Trust under section 12AA and exemption under section 80G(vi) of the Income Tax Act on 10.03.2006. The application for registration was belated by more than 10 years for which condonation petition was filed stating that the delay was due to ignorance of law. On verification of the Trust deed along with its enclosures, the Commissioner of Income Tax noticed that the requisite clause indicating that any amendment to the trust deed would be carried out after obtaining approval from the Commissioner of Income Tax, has not been incorporated, and on that ground directed the assessee Trust to file an amended deed, which is duly registered along with notes on the activities of the Trust with regard to various expenses debited in Income and Expenditure Account for the years ending 31.03.2003, 31.03.2004 and 31.03.2005 by 15.09.2006 positively. The assessee Trust did not respond to the letter. Therefore, the Commissioner of Income Tax held that the assessee Trust was not entitled to registration under section 12AA and exemption under section 80G(vi) of the Act – ITAT allowed the appeal and remitted back the matter – held that - Requisition made by the Commissioner is a extra statutory requisition. – order of tribunal remitting back the order is correct.
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