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2021 (7) TMI 10 - AT - Income TaxRegistration u/s 12AA denied - CIT(E) rejected the application on the ground that, assessee had received voluntary contributions which ultimately have become part of the corpus fund and hence, being the income of the assessee trust / institution, the assessee was liable to pay tax and without the payment of the tax, registration u/s 12AA of the Act cannot be granted - HELD THAT:- We were faced with identical issue on similar facts and circumstances while deciding the case of Shree Lakdipool Vitthal Mandir [2021 (5) TMI 801 - ITAT PUNE] wherein held the objects of the trust are not doubted by the Department and they have also not disputed the charitable nature of the activities conducted by the assessee trust. Meaning thereby, all the relevant records were submitted before the Ld. CIT(Exemption) and he had verified the same and was satisfied on this aspect fulfilling the requirement of Section 12AA of the Act. There is no finding on facts that the activities carried out by the assessee are not genuine - CIT(Exemption) has not mentioned in his finding that the objects of the trust were not in order or that the application made for registration was also not in accordance with law. In absence of these findings, just because, the taxes were not paid on the donations/voluntary contributions received cannot be the ground for rejection of application u/s.12AA of the Act. These things can be examined by the Department and scrutinized at the assessment stage. When all the requirements of registration u/s.12AA of the Act have been satisfied by the assessee trust, registration therein should be granted. In view thereof, we set aside the order of the Ld. CIT(Exemption) and direct the Department to grant registration u/s. 12AA - Decided in favour of assessee.
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