Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2014 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (6) TMI 477 - HC - Income TaxRejection of application for registration u/s 12AA of the Act – Object of the Trust – benefit only for the Agrawal community - Held that:- Section 12AA mandates that the Commissioner has to satisfy himself, after calling for documents or information from the trust, about the genuineness of the activities of the trust or institution and the objects of the trust – Relying upon Commissioner of Income Tax Versus M/s. Dawoodi Bohara Jamat [2014 (3) TMI 652 - SUPREME COURT] - Sections 11 and 12 are substantive provisions which provide for exemptions to religious or charitable trusts - Sections 12A and 12AA lay down the procedural requirements - Section 13 sets out the circumstances in which the exemption would not be available to a religious or charitable trust - One restriction is where the trust or institution is created or established for the benefit of any particular religious community or caste - assessee having failed to discharge the burden, the Tribunal was justified in confirming the decision of the Commissioner – thus, no substantial question of law arises for consideration – Decided against Assessee.
|