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2014 (1) TMI 1917 - AT - Income TaxExemption u/s 11 - cancellation of the registration granted to the assessee u/s 12A by passing this order u/s 12AA(3) - Whether activities of the trust are not genuine or the same are not being carried in accordance with the objects of the trust? - HELD THAT:- CIT as satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case may be, the CIT shall pass an order in writing cancelling the registration of such trust or institution. Hence, in our considered opinion, for invoking the provisions of this sub section, it is essential that one of these two conditions must be satisfied that either the activities of such trust are not genuine or the activities are not being carried out in accordance with the objects of the trust. In the present case, it is not the case of the CIT that any of these conditions are being satisfied and hence, we find force in the submissions of the assessee that this aspect may be examined while deciding the allowability of exemption to the assessee u/s 11 in course of assessment proceedings but the registration granted to the assessee u/s 12A cannot be cancelled on this basis. We hold accordingly.
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