Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (3) TMI 51 - AT - Income TaxGrant of registration u/s 12A denied - both the objects as well as the genuineness of the activities could not be established - Held that:- The Hon’ble Rajasthan High Court in case of CIT Vs. Digambar Jain Mandir [2008 (2) TMI 882 - RAJASTHAN HIGH COURT] held that in order to get registration u/s 12A of the Act, the institution need not first establish its claim to exemption u/s 11 and 12. The question of exemption under section 11 and 12 would only come at the time when the trust/institution is assessed to tax. Therefore, considering the facts of the present case in the light of the judicial precedents and also relevant statutory provisions, the only conclusion one can reach is that the DIT(E) was not correct in rejecting assessee’s application u/s 12A of the Act. In the aforesaid view of the matter, we direct the DIT(E) to grant registration u/s 12A of the Act to the assessee institution. - Decided in favour of assessee
|