Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (8) TMI 1364 - AT - Income TaxRegistration under section 12AA rejected - the amended object was against the spirit of section 13(1)(b) - Held that:- Going through the said amended objects we do not find that the objects were confined towards any particular sect or biradari. It has been clearly mentioned that the society had to work for the benefit of poor and general public at large and these activities are to be based in consonance with the teachings of Bhai Mansa Singh Ji. It is not a case that the charity has to be done for the followers of Bhai Mansa Singh Ji only. Further in our opinion, the provisions of section 13(1)(b) of the Act can be invoked only at the time of making assessment of the entity registered under section 12AA of the Act. At the stage of granting registration under section 12AA of the Act, the learned Commissioner of Income Tax should not get carried away by the provisions of this section. At the time of granting registration, the learned Commissioner of Income Tax has to confine himself to the twin conditions for registration i.e. the objects of the trust being charitable and the activities being genuine. It is not the stage in which the learned Commissioner of Income Tax should be commenting on the taxability of the assessee. That stage comes later while making the assessment. In the present case, nowhere in the whole order the learned Commissioner of Income Tax has been able to comment on the objects of the society being not charitable. On perusal of the memorandum of the society even, we do not find any of its objects being not charitable. None of the activities taken by the assessee was held to be not genuine also. In the absence of any such finding, the learned Commissioner of Income Tax cannot reject the application of the assessee. - Decided in favour of assesssee
|