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2018 (3) TMI 1191 - AT - Income TaxRefusing to grant registration u/s.12AA - Trust Deed does not contain "dissolution clause" - Held that:- A perusal of the impugned order of the ld. DIT (Exemptions), however, shows that he has not recorded any adverse comment or dis-satisfaction about the object of the Trust or genuineness of the Trust activities. He has refused to grant the registration u/s 12A of the Act on the ground that its Trust Deed does not contain "dissolution clause". DIT (Exemptions) thus has clearly gone beyond the scope of enquiry contemplated u/s 12A of the Act and has refused to grant the registration u/s 12A of the Act to the assessee Trust on a totally irrelevant ground without pointing out as to how he was not satisfied either about the object of the Trust or the genuineness of its activities. CIT(E) has not given any finding in his order that either the objects of the assessee company are not charitable or its activities are not genuine, hence, he was not justified in refusing to grant registration u/s.12AA of the Act and approval u/s.80G of the Act to the assessee company. - Decided in favour of assessee.
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