TMI Blog2017 (3) TMI 1876X X X X Extracts X X X X X X X X Extracts X X X X ..... SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER For the Appellant : S/Shri S.Jhajharia, Sujoy Sen, FCAs, ld.ARs For the Respondent : Shri Avinash Mishra, CIT, ld.Sr. DR ORDER Shri S.S. Viswanethra Ravi, JM :- This appeal by the assessee is against the order dt: 04-112015 passed by the Commissioner of Income Tax (Exemptions), Kolkata rejecting the grant of registration u/s. 12AA of the Act. 2. The only issue is to be decided in this appeal as to whether the CIT(E), Kolkata justified in rejecting the grant of registration u/s. 12AA of the Act in the facts and circumstances of the case. 3. The ld. AR of the assessee submits that the Trust was created on 12-07-1944 by its f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act is limited, wherein the CIT(E) has either to grant or refuse the registration having satisfied with the activities of the trust or the objects of the trust are not correct and genuine. He further submits that the CIT(E) gone beyond the scope of enquiry as envisaged u/s. 12AA, rejected the application for grant of registration u/s. 12AA of the Act and without making any adverse reference to its objectives as well as genuineness of its activities. 5. On the other hand, the ld. DR has relied on the order of the CIT(E) in rejecting the same. 6. Heard rival submissions and perused the material available on record. We find that the assessee has filed an application dt. 14-07-2015 before the CIT-E for obtaining grant of registration. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bhajan for hours toghter. No Trustee and their relative are entitled for any profit in profits and any asset I property in the event of dissolution of the Trust. In case of dissolution of the trust, local people shall not spare the temple but they shall maintain the same for worship. However, the trust has passed a resolution stating that, in the event of dissolution of the trust, all available funds, including all movable and immovable assets of the Trust to be handed over to any other Trust having similar objects and operating within the union of India. If no such trust is found, the property shall be vested to the Government. Annex 4. 7. A copy of letter from the trustee, Sri S.S.Khemka is enclosed confirming of providing a space i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ast return of income was filed for the Assessment year 1992-93 and assessment was completed lVs.143(3)/13(l) of the IT Act by an order dated 30-09-1994 and it was subsequently rectified u/s.154 by order dated 11-01-1996 and the tax demand was vacated. Copy of both the orders are enclosed and marked as Annex. 9. At present, the income of the trust is far below the maximum amount chargeable to income tax. As such, trust is not submitting return of Income The temple is maintained by meager offerings of the devotees / pilgrims. 19. The Trust has no Corpus Fund. The small donation amount received has been deposited in the bank account. A copy of bank statement is enclosed being Annex. 6 herein before. 20. Computerized Books of accounts are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act which provides that the Commissioner, on the receipt of an application for registration of a Trust or Institution made u/s 12A, shall call for such information from the Trust/Institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the Trust/Institution and may also make such inquiries as deemed necessary on this behalf. It further provides that after satisfying himself about the objects of the Trust/Institution and the genuineness of its activities, the Commissioner shall pass an order in writing registering the Trust/Institution u/s 12A and if he is not so satisfied, he shall pass an order in writing refusing to register the Trust/Institution. The scope of enquiry contemplated u/s 12AA o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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