Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (8) TMI 1083 - AT - Income TaxExemption u/s 11 - registration u/s 12AA - HELD THAT:- Under section 12A, the provisions of sections 11 and 12 shall not apply in relation to the income of any trust or institution unless various conditions are fulfilled. Section 2(15) defines charitable purpose and the same includes relief in education and advancement of any other object of general public utility. In case the utility is carried out in the nature of trade, commerce, business, the proviso provides that the same will not be a charitable purpose. We are of the considered opinion, that the power of the Commissioner is to look into the objects of the Society and the genuineness of the same cannot be doubted when the basis is of non-supply of information. In such circumstances, it would be appropriate that the Commissioner undertakes the exercise afresh, on the basis of the application which has already been filed, keeping in view the material which can be produced by the assessee. The impugned order is set aside with a direction to the file of the CIT(E) to decide the application, filed under section 12AA, afresh with the following directions Consider the veracity of evidence claimed to be submitted before the then CIT. Verify the genuineness of the objectives of the assessee trust in the light of evidences prima facie relevant, for the year under consideration for the purpose of grant of registration u/s. 12AA of the Act. Assessee shall cooperate in the proceedings, before the CIT. All pleas available under the law shall remain so available to the assessee in the fresh proceedings before the Ld. CIT. Appeal is treated allowed for statistical purposes in the terms indicated as above.
|