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2023 (2) TMI 1298 - PUNJAB AND HARAYANA HIGH COURTRejection of Registration application u/s 12AA and u/s 80G(5)(vi) - application u/s 12AA rejected on the ground that the assesee trust has been formed by the settler for the purpose of carrying out its CSR activities and also rejected application u/s 80G (v) holding that, the application is void ab initio in terms of provisions of Rule 11AA - HELD THAT:- Application for grant of registration was dismissed by the Commissioner and the Tribunal has recorded its satisfaction as the trust fulfills following two basic conditions for grant of registration under Section 12AA of the Act, 1961:- 1. The object of the trust 2. the genuineness of the activities of the trust/institution. The Commissioner was not to examine with respect to genuineness of the activities of the trust and whether the trust, if transfers fund to another charitable society, can be given exemption under Section 11 of the Act, 1961. This power is restricted only to the Assessing Officer. Hence, in the present case, no useful purpose would be served to remand the matter back to the Commissioner to pass appropriate orders of registration of the trust under Section 12AA of the Act, 1961. The Tribunal, thus, has rightly directed CIT to grant registration under Section 12AA of the Act, 1961 and also approval under Section 80 G(5)(vi) of the Act, 1961 to the assessee. Decided against revenue.
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