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TMI Blog2015 (10) TMI 1375X X X X Extracts X X X X X X X X Extracts X X X X ..... ion moved by the assessee public charitable trust (hereinafter referred to as assessee trust') for grant of registration U/s 12AA of I.T. Act, 1961 (hereinafter referred to as the Act) by complete disregard to the facts of its case, submissions made and evidences/material placed on records and/or produced before him and solely on the basis of his uncalled for unilateral inferences and for theoretical consideration. 2. That the objects of assessee trust being in conformity with section 2(15) of the Act and further the assessee trust fully satisfies the provisions laid down in section 12A read with section 12AA of the Act, thus the learned CIT-I, Agra has erred both in law and facts in refusing to the register it u/s 12AA of the Act more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra, now it is well settled law that while granting the registration under section 12AA of the Act to a charitable trust, which is at the commencement stage, the powers of the commissioner are limited to the aspect of examining that whether or not the object are charitable in nature and nothing more than that." 3. All the grounds of appeal relate to rejection of application under section 12 AA by the learned Commissioner, and, we will, therefore, take up all these grounds of appeal together. 4. The relevant material facts are like this. The assessee trust moved an application, for registration under section 12AA, before the learned Commissioner on 7th October 2013. It appears that hearing on this application was fixed on 4th February 2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p; OS ITO (Tech) 10.04.2014 Sir, letter dated 5.03. 2014, and subsequent reminder dated 25.03.2014 has been sent to the Addl CIT, Range 1, Agra, whereby he was requested to propose a date in the month of April when the Ld CIT can accompany him for inspection of the above referred educational institute. The reply of the above referred letter is still awaited. The case has the TB limitation on 30.04.2014 If approved, a reminder may be sent to the Addl CIT-1, Agra, requesting him to propose a date. Draft letter is put for kind perusal, approval and signatures, please. TA OS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case in the light of the applicable legal position. We have also perused the case records produced before us. 9. We find that so far as registration under section 12AA, in respect of a new institution is concerned, all that the learned Commissioner has to see at that stage is the objectives of the institution and the related aspects. In the present case, as evident from perusal of case records, the assessee had duly furnished all the information as requisitioned, including objectives of the trust, latest on 18th February 2014 and the learned Commissioner did not have any issues with the same. As a matter of fact, learned Commissioner was satisfied with the same and the hearing was concluded on that aspect. As regards investment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... categorical finding about lack of 'bonafides' in activities, these aspects donot affect the registration and can be addressed at the time of assessment. 10. In view of these discussions, as also bearing in mind entirety of the case, we are unable to sustain the impugned order. However, learned counsel for the assessee has fairly stated that he has no objection to the matter being remitted to the file of the learned Commissioner for the limited purposes of verifications regarding objects of the trust as no categorical findings have been given on the same. Accordingly, with the consent of the parties, the matter stands restored to the file of the learned Commissioner for this limited purpose. In case, there are no issues with the obj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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