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2014 (7) TMI 264 - HC - Income TaxGrant of registration u/s 12AA(3) of the Act Object of society Exemption u/s 10 (23C)(vi)of the Act - Held that:- The registration u/s 12A of the Act can be sought either by the trust or by the institution - for the purposes of claim of exemption u/s 11 and 12 of the Act, the registration u/s 12A of the Act is necessary as provided by Section 12A of the Act - for the cancellation of registration, the satisfaction of the Commissioner to the extent that the activities of the trust or the institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, whether the income of trust or institution is liable to be exempted on the fulfillment of the requirement provided u/s 11 of the Act, the matter is to be examined by the assessing authority. No finding has been recorded with regard to the satisfaction that the activities of the assessee are not genuine or are not being carried out in accordance with the objects of the trust or the institution - The criteria to grant exemption u/s 10 (23C)(vi) and grant of registration u/s 12A is different and merely because the exemption u/s 10 (23C)(vi) is declined, it does not amount the refusal of registration u/s 12AA or in case if the registration has been granted, it may be cancelled on that ground - For the cancellation of registration, the requirements, as provided under sub-section (3) of Section 12AA, are to be fulfilled - the refusal of the exemption u/s 10 (23C)(vi) may be relevant for the purposes of cancellation of registration, but to arrive to the conclusion that the activities of the trust or the institution are not genuine or are not being carried out in accordance with the objects of the trust or the institution, finding in this regard is necessary, based on the relevant material thus, the matter is to be remitted back to the CIT for fresh adjudication Decided in favour of Revenue.
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