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TMI Blog2012 (11) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... der. The assessee in the case of D.N. Memorial Trust, Dina Nagar, Udhampur has raised following grounds of appeal: "1. That the order under section 12AA(b)(ii) of the Income-tax Act, 1961, passed by the Ld. CIT, Jammu, thereby refusing to register the Society is illegal, invalid and void ab-inito and the same is liable to be cancelled. 2. That no reasonable opportunity of being heard has been allowed before refusing to register the Society. The Ld. CIT either should have disclosed his mind or he should have allowed reasonable opportunity of being heard before refusing to register the society. As such the order of the Ld. CIT, is illegal and invalid and the same is liable to be cancelled. 3. That the ld. CIT did not appreciate that the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Society is illegal, invalid and void ab-inito and the same is liable to be cancelled. 2. That no reasonable opportunity of being heard has been allowed before refusing to register the Society. The Ld. CIT either should have disclosed his mind or he should have allowed reasonable opportunity of being heard before refusing to register the society. As such the order of the Ld. CIT, is illegal and invalid and the same is liable to be cancelled. 3. That the ld. CIT did not appreciate that the conditions laid down u/s 12A of the Income-tax Act, 1961 were duly fulfilled and as such the registration as claimed should have been allowed. 4. That the Ld. CIT did not appreciate that the conditions laid down under the law are fulfilled and as such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 15% for the first year ending on 31.03.2011. The assessee-trust was constituted on 28/06/2010 and filed application u/s 12A(a) of the Income-tax Act, 1961 on 28.02.2011. The Ld. CIT observed that that the assessee had total receipts of Rs.16,96,951/- against which the assessee made a surplus of Rs.2,96,499/- at 17.47% of the total receipts. The Ld. CIT by referring to provisions of section 12AA observed that there has to be satisfaction of the CIT regarding genuineness of the activities. Since the assessee is making and generating larger profit, the Ld.CIT was of the view that the assessee has not satisfied the CIT with the genuineness of its activities, as the surplus generated by the assessee is not with the intent and spirit of provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T. Mr. Tarsem Lal, Ld. DCIT(DR)s, further argued with alternative plea that since the order of the ld. CIT is not a speaking order, it should be referred back to the Ld. CIT to discuss the fees structure. 8. We have heard the rival contentions and perused the facts of the case. There is nothing on record brought out by the Ld. CIT that fees structure is in-genuine or against the accepted norms. Nothing has been brought on record by the Ld. CIT that the activities of the Trust are for non-charitable purpose or for personal purposes of the trustees etc. Rather whatever funds were acquired by the Trust have been utilized for the purpose of educational activities of the institution and in the absence of any adverse material brought on record b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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