Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 441 - AT - Income TaxApplication for registration u/s 12A rejected - assessee is a society registered under the Societies Registration Act - Held that:- The provisions contained u/s 12A and 12AA would make it clear that at the time of grant of registration u/s 12AA, the CIT/DIT(E) can only look into the charitable object and genuineness of activities of a trust or institutions. At that stage the CIT/DIT(E) cannot step into the shoes of AO to examine whether assessee has violated any of the conditions of section 13 of the Act. That aspect can be examined by the AO at the time of computation of total income in an assessment proceeding while considering assessee’s claim of exemption u/s 11. Grant of registration u/s 12AA does not automatically entitle the assessee for exemption u/s 11 though, it is one of the conditions. It is only the AO who can examine assessee’s claim of exemption u/s 11 at the time of assessment subject to fulfillment of conditions imposed u/s 11 to 13 of the Act. It is evident from the order of DIT(E), he has not raised any doubt whatsoever with regard to the charitable object of the society or genuineness of its activity. In the aforesaid view of the matter, we hold that the DIT(E) was not correct in rejecting assessee’s application for grant of registration u/s 12A of the Act. - Decided in favour of assessee.
|