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2015 (10) TMI 1375 - ITAT AGRARegistration under section 12 AA denied - Held that:- In the present case, as evident from perusal of case records, the assessee had duly furnished all the information as requisitioned, including objectives of the trust, latest on 18th February 2014 and the learned Commissioner did not have any issues with the same. As a matter of fact, learned Commissioner was satisfied with the same and the hearing was concluded on that aspect. As regards investment in the construction, and acquisition of land, the assessee had duly explained the same vide letter dated 10th February 2014 and the relevant part of explanation is also placed. There is nothing more that the assessee could do, nor did the learned Commissioner ask him to do anything more than that. Yet, learned Commissioner has rejected the registration on the ground that "the range Addl. CIT and the AO have not testified the source of investment". This stand of the learned Commissioner is entirely unsustainable in law. The assessee cannot have any control on the internal functioning of the tax authorities, and his application cannot be rejected on the ground that some internal reports, which are anyway non-statutory in nature, have not been received.Under these circumstances, in our considered view, learned Commissioner did indeed err in rejecting the application-particularly as there were no adverse findings on the fundamental issue regarding objectives of the trust. As for the issues regarding investments etc, unless there is a categorical finding about lack of 'bonafides' in activities, these aspects donot affect the registration and can be addressed at the time of assessment. Matter being remitted to the file of the learned Commissioner for the limited purposes of verifications regarding objects of the trust as no categorical findings have been given on the same. - Decided in favour of assessee for statistical purposes
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