TMI Blog2012 (9) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... s 11/12. Since activities of the trust were not found to be non-genuine and further there is no finding that the trust was not carrying out its activities in accordance with the objects of the trust. In the absence of the same, exercise of power by the CIT u/s 12AA(3) is unwarranted and the same is hereby cancelled. CIT directed to grant registration to the assessee u/s 12AA - Decided in favor of assessee - ITA Nos.959 & 960/Chd/2009 - - - Dated:- 22-6-2012 - Ms. SUSHMA CHOWLA, AND SHRI MEHAR SINGH, JJ. Appellant by : Shri Anup Kumar Jain Respondent by : Shri S.K. Mittal, DR ORDER PER SUSHMA CHOWLA, J.M, : These two appeals filed by the Revenue against the order of the Commissioner of Income-tax-I, Ludhiana dated 28 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses. The Commissioner of Income Tax thereafter issued a show cause notice to the assessee for cancellation of registration granted under section 12AA of the Act. The Commissioner of Income Tax noted that the assessee was publishing monthly magazine Ved Lehar which strives to educate ideology of Vedas and other Hindu Maharajs which were totally and completely for advancement of Hindu religion and could not be said to be for the purpose of general public utility. The expenses incurred by the assessee, as per the Commissioner of Income Tax, could not be treated for the purposes of general public utility. The Commissioner of Income Tax held as the objects were for the advancement of Hinduism, the expenses could not be treated as applied for cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the said conditions warranting withdrawal of registration to the assessee trust. In respect of its appeal against the order passed 80G of the Act the learned A.R. for the assessee conceded that it is not interested in the aforesaid recognition. 6. The learned D.R. for the Revenue placed reliance on the order of the Commissioner of Income Tax. 7. We have heard the rival contentions and perused the record. The limited issue raised in the present appeal is against the order of revocation passed by the Commissioner of Income Tax under the provisions of section 12AA(3) of the Act. The assessee trust was granted registration by the Commissioner of Income Tax vide F.No. CIT- I/ Ldh/Tech/12A/39/2003-04/2944 vide order dated 17.10.2003. The s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tution in the prescribed form and in prescribed manner to the Commissioner of Income Tax under section 12A of the Act. The Commissioner on receipt of said application for registration of trust or institution is to pass an order in writing registering the trust or institution or refusing the trust of institution, as the case may be, under section 12AA of the Act. Consequently, the registration under section 12AA of the Act is to be allowed by the Commissioner of Income Tax to both the charitable or religious trust, in case activities of the trust or institution were found to be genuine and in advancement of its objects. Thus a trust or institution whether engaged in charitable or religious if is found to be carrying on its activities and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trust was not carrying out its activities in accordance with the objects of the trust. In the absence of the same, we find the exercise of power by the Commissioner of Income Tax under section 12AA(3) of the Act to be unwarranted and the same is hereby cancelled. We direct the Commissioner of Income Tax to cancel the order of registration under section 12AA(3) of the Act and also to pass consequential order granting registration to the assessee under section 12AA of the Act. Grounds of appeal raised by the assessee in ITA No.959/Chd/2009 are thus allowed. 10. The learned A.R. for the assessee pointed out that the assessee trust was not interested in registration under section 80G of the Act. In view of the admission of the learned A.R. fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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