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TMI Blog2014 (6) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... exures 'C' and 'D' - report of ACIT and comments of JCIT dated 25.6.2012 and 28.6.2012 respectively whereby subsequently they had recommended for registration under Section 12AA and approval under Section 80G(5) (vi) of the Income Tax Act, 1961 (in short, "the Act"). The above documents Annexures 'A' to 'D' are allowed to be taken on record subject to all just exceptions. 2. This appeal has been preferred by the revenue under Section 260A of the Act against the order dated 17.4.2013, Annexure A.2, passed by the Income Tax Appellate Tribunal, Chandigarh Bench 'B' (in short, "the Tribunal") in ITA No.856/Chd/2012, proposing to raise following substantial questions of law:- i) Whether in the facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties and therefore rejected the application. Aggrieved by the order, the assessee filed appeal before the Tribunal. Vide order dated 17.4.2013, Annexure A.2, the Tribunal allowed the appeal of the assessee holding that carrying on of charitable activities at the time of registration and utilization of the funds etc. were not relevant and once the objects of the institution were found to be charitable in nature, registration under Section 12AA of the Act had to be granted. Hence the instant appeal by the revenue. 4. We have heard learned counsel for the appellant and perused the record. 5. Learned counsel for the appellant revenue submitted that the assessee was not a genuine charitable institution which could claim benefit under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12AA has to be granted. We have found that there is no merit in the reasoning given by learned Commissioner to reject registration. The applicant society is not required to prove its case that the project is to be run under its name in a charitable manner. The genuinity of the society is not, at all, in doubt. The genuinity of its financial activities is not to be considered at this stage. Therefore, the reasons given by learned Commissioner for refusing registration under Section 12A are not legally valid. Therefore, we direct the learned Commissioner to grant registration to the applicant society under Section 12A of the Act, as per application filed in Form No.10." 8. In view of the above findings which have not been shown to be illegal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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