TMI Blog2014 (10) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Tribunal, while acceding to the submission of the assessee, remanded the proceedings back - The CIT, on remand, has correctly granted registration w.e.f. 01 April 2013, upon being duly satisfied that the registration should be granted u/s 12AA of the Act after the necessary amendments were carried out – thus, no substantial question of law arises for consideration – Decided against assessee. - Income Tax Appeal No. - 172 of 2014 - - - Dated:- 16-10-2014 - Dr. Dhananjaya Yeshwant Chandrachud,CJ And Pradeep Kumar Singh Baghel,JJ. For the Appellant : Suyash Agarwal For the Respondent : C.S.C. ORDER The appeal by the assessee under Section 260A of the Income Tax Act, 19611 arises from an order of the Income Tax Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deed shows money related work as per Sl. No. 7 to public utility purpose but the same has been used in violation of section u/s 13(1)(d)(1) read with section 11(5). For these reasons, the Chief Commissioner held that she was unable to satisfy herself about the genuineness of the objectives and the activities of the trust and on whether those objects were being pursued for the benefit of the general public which are necessary conditions for grant of registration under Section 12AA of the Act. At this stage, it would be necessary to note that Clause 11 of the original deed of trust indicated that the trust was a closely held family trust, all the three trustees being members of the same family. Following the order of the Chief Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oviding reasonable opportunity of hearing to the assessee. After the order of the Tribunal, the Commissioner of Income Tax-II, Agra3 passed an order on 05 February 2014. On being satisfied that the trust was engaged in imparting education, the CIT granted registration w.e.f. 01 April 2013 under Section 12AA of the Act. The submission of the assessee is that the registration should have been granted from 2009-10 when the institution was established. We find no merit in the submission. The registration was initially declined on the ground that CCIT was not satisfied in regard to genuineness of the objects of the trust and since the assessee was not able to establish that the trust was indeed carrying on an activity for the benefit o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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