Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (3) TMI 64 - AT - Income TaxRejection of application for registration of charitable institution u/s 12(a) of the Act – Held that:- The adverse inference has been drawn on possible intention, activities i.e. the issues, which, in our view are not germane at the time of grant of registration of trust u/s 12A more so when the assessee's objects are not held to be non-charitable - The non-contribution of membership fee by general members and life members may be paid later inasmuch unless the members makes the necessary contribution rights of membership cannot dwell on them. Genuineness of the activities of the Trust - Income and expenditure – Held that:- The adverse inference nothing to reflect on this aspect – with regard to, time to raise the funds and donations it is the discretion of the society that can be undertaken in due course, may be the issue of 80G registration which is consequent to 12A registration may be important – Thus, mere non-carrying on of the vigorous activities of trust at the time of registration per se cannot be detrimental for registration of the trust u/s 12A when the objects are charitable and there is no adverse comment about them – Relying upon Director of Income-tax Vs. Foundation of Ophthalmic and Optometry Research Education Centre [2012 (8) TMI 777 - DELHI HIGH COURT] - the assessee is eligible for grant of registration u/s 12A – thus, the order of DIT(E) is reversed and the assessee is held to be eligible for registration u/s 12A of the I.T. Act – Decided in favour of Assessee.
|