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2014 (11) TMI 355 - HC - Income TaxEntitlement for registration u/s 12AA - Held that:- The reasons given by the Original Authority to decline registration is trivial and does not sub-serve the cause of a charitable trust, which seeks registration u/s 12AA - There is no doubt that the Trust got registered the property, which was gifted to it, on 04.02.2010 itself - no fault could be attributed to the trust, when the donor does not physically handed over the possession of the property - the Department was not correct in coming to the conclusion that the genuineness of the trust is in doubt - the donee cannot make conditions or call upon the donor that he should deliver possession immediately - The delay in handing over possession cannot be attributed to the fault of the trust and as a consequence the interference drawn by the Original Authority that there is an error in maintaining the accounts appears to be hyper-technical - The Tribunal was correct in rectifying the error and allowing the appeal – as such no substantial question of law arises for consideration – Decided against revenue.
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