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2022 (12) TMI 205 - AT - Income TaxExemption u/s 11 - rejecting the application for registration u/s 12AA - Non compliance with the provisions of rule 17A - applicant being a new trust - HELD THAT:- We have been through the objects of the applicant, the trust shall be wholly and exclusively for any one or more objects and the purposes mentioned in clause (15) of section 2 of the Income-tax Act, 1961 and they shall always be known as charitable objects. The learned Commissioner of Income-tax (Exemption), it is seen, has not taken into consideration the trust deed filed by the applicant along with the original application for registration, e-filed on March 19, 2020. The objects of the applicant-trust were to be considered by the learned Commissioner of Income-tax (Exemption) while considering the application for grant of registration to this newly formed trust, there being no activities having been hitherto undertaken by the applicant. What has been held by the hon'ble Supreme Court in Ananda [2020 (2) TMI 1293 - SUPREME COURT]. Post passing of the impugned order, to reiterate, the applicant has been granted registration vide order dated December 31, 2021, on the very same objects as e-filed by the applicant along with the original application for registration. In view of the mandate of Ananda (supra), in the case of a newly formed trust, in the absence of activities, the trust deed ought to have satisfied the learned Commissioner of Income-tax (Exemption) for grant of registration. We have seen the trust deed, which remains unchanged. We are satisfied with the trust deed. The requirement of filing of evidence under rule 17A of the Rules are not relevant for consideration of the application for registration. The applicant being a new trust, no activities have been carried out by it hitherto. In fact, while granting registration to the applicant vide order dated December 31, 2021, the very same trust deed had been taken into consideration. Commissioner of Income-tax (Exemption) is directed to grant registration to the applicant from the date of the first application, i. e., March 19, 2020. Appeal of assessee allowed.
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