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2019 (6) TMI 1628 - AT - Income TaxExemption u/s 11 - Grant of registration u/s 12A denial - CIT(E) rejected the application mainly on the ground that neither any reply has been submitted to the query raised nor any request been received for adjournment till the date of passing of the order - HELD THAT:- Ld. CIT(E) nowhere in the order has neither pointed out any defect in aims and objects of the society nor doubted the genuineness of the activity specificallyy. No hesitation to hold that the Applicant Society is carrying out its activity according to its aims and objects specified in the MOA. As it is settled law that before deciding application u/s 12AA of the Act, the Ld. CIT(E) is to evaluate two requirements (i) objects of the Applicant Society (ii) genuineness of its activity which in the instant case are not in controversy, hence the Ld. CIT(E) is directed to grant the registration u/s 12AA of the Act to the Applicant Society - we clarify that the Ld. CIT(E) shall be at liberty to put condition if any found appropriate as per law and shall also be at liberty to withdraw/cancel the registration in the event of any discrepancy(s) and/or breach of any provisions of the Act in future. Appeal filed by the assessee stands allowed.
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