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TMI Blog2014 (4) TMI 1046X X X X Extracts X X X X X X X X Extracts X X X X ..... gia, CIT ORDER Challa Nagendra Prasad (Judicial Member).- This appeal is filed by the assessee against the order of the Commissioner of Income-tax-I, Coimbatore dated December 12, 2013 refusing registration under section 12AA of the Act. 2. Counsel for the assessee submits that the Commissioner of Income-tax has not examined whether the objects of the trust are genuine or not, whether the tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tration under section 12A was refused appear to be not good reasons. At the time of registration, one has to look into the objects of the trust which the Commissioner of Income-tax has completely omitted to do so. The reasons given by the Commissioner of Income-tax are only apprehensions that the assessee is not carrying out any charitable activities and he was of the view that it is premature to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o give an opportunity to the assessee as provided for under the proviso to sub-section (1) of section 12AA. Under sub-section (3) of section 12AA, the Commissioner is given power to cancel the registration, if he is satisfied that the objects of such trust are not genuine or are not being carried on in accordance with the objects of the trust. When such an authority is vested with the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal had followed the decision of the Gujarat High Court in the case of CIT v. Kutchi Dasa Oswal Moto Pariwar Ambama Trust [2014] 362 ITR 194 (Guj). We respectfully agree with the decision of the Gujarat High Court." 6. As could be seen from the above order, the hon'ble High Court held that commencement of activity is not a precondition for grant of registration under section 12AA of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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