TMI Blog2009 (12) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... hich condonation petition was filed stating that the delay was due to ignorance of law. On verification of the Trust deed along with its enclosures, the Commissioner of Income Tax noticed that the requisite clause indicating that any amendment to the trust deed would be carried out after obtaining approval from the Commissioner of Income Tax, has not been incorporated, and on that ground directed the assessee Trust to file an amended deed, which is duly registered along with notes on the activities of the Trust with regard to various expenses debited in Income and Expenditure Account for the years ending 31.03.2003, 31.03.2004 and 31.03.2005 by 15.09.2006 positively. The assessee Trust did not respond to the letter. Therefore, the Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 12AA introduced from 01.04.1997 were applicable?" 2. The facts: The assessee trust came to existence on 01.12.1995 claiming that the main object was providing medical facilities to the sick and handicapped and also provide medical education, training and research in the field. The Trust filed an application in Form 10A and 10B and 12A(a) and 80G of the Act for registration of the Trust under section 12AA and exemption under section 80G(vi) of the Income Tax Act on 10.03.2006. The application for registration was belated by more than 10 years for which condonation petition was filed stating that the delay was due to ignorance of law. On verification of the Trust deed along with its enclosures, the Commissioner of Income Tax noticed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nto objects of institution cannot be made under section 12A of the Act. It was further held that at the stage of enquiry, the Commissioner could not insist upon the society showing that its income was not going to be spent for religious purposes. Amended trust deed is not a pre-requisite, as required by the Commissioner of Income Tax (Appeals) and it is not also not a pre requisite condition for registering the applicant as a Trust as per the provisions of the Act. Requisition made by the Commissioner is a extra statutory requisition. Hence, the Tribunal, by reason of the impugned order, had set aside the rejection made by the Commissioner of Income Tax (Appeals) and remitted to decide the issue afresh after affording a reasonable opportuni ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
