Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2016 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (10) TMI 209 - HC - Income TaxGranting registration to the assessee under Section 12-AA - Held that:- The applicant-assessee could not produce the books of accounts in respect of the expenses claimed by the applicant for verification of the activities of the Trust and, therefore, on the strength of the material available on record, the Commissioner of Income-tax concluded that the society is not carrying out any charitable activities. Other findings were also recorded in relation to the existence of the premises and the lease deed executed and further in view of various orders and judgments referred to came to the conclusion that on the tests applying on the strength of such judgments, the registration sought as a charitable institution could not be granted to the respondent-assessee. The Tribunal considered the appeal preferred by the assessee against the same and then recorded it's satisfaction to the effect that a perusal of the Trust Deed, the reply submitted by the assessee and the evidence relating to the activities in the shape of a detailed report that was available on record including certain news-items published was sufficient to construe that the activities of the trust were being carried out for charitable purposes. The order also records that the assessee has given the list of donors and also the terms of lease that was obtained for the premises to establish the educational institution for Vedic Studies. The Tribunal, therefore, itself assessed the material that was already there on record and came to the conclusion that the Commissioner of Income-tax had omitted to consider the same and based its findings on surmises and conjectures.
|