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2015 (10) TMI 1498 - ITAT CHANDIGARH

2015 (10) TMI 1498 - ITAT CHANDIGARH - [2015] 40 ITR (Trib) 555 (ITAT [Chand]) - Registration under section 12AA denied - assessee-trust is not registered under the new Haryana Registration and Regulation of Societies Act, 2012 as held by CIT(A) - Held that:- This may not be the requirement under section 12AA of the Act to get registered under the new Haryana Registration and Regulation of Societies Act, 2012. Further the assessee is a registered trust, therefore, need not go for registration un .....

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No. 802/Chd/2014 - Dated:- 7-5-2015 - SHRI BHAVNESH SAINI AND SHRI T.R.SOOD, JJ. For the Appellant : Shri Sudhir Sehgal For the Respondent : Dr .Amarveer Singh, DR ORDER Bhavnesh Saini (Judicial Member).- This appeal filed by the assessee is directed against the order of the learned Commissioner of Income-tax, Panchkula dated August 11, 2014, rejecting the application for registration under section 12AA of the Income-tax Act, 1961. 2. Briefly, the facts of the case are that the assessee-trust wa .....

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s and objects of the assessee- trust are as under: (i) To establish, maintain, carry on education institution in any state. (ii) To look after and manage the affairs of Paramount Convent School situated at Akbarpur Ambala. (iii) To give instructions viva voce or by post to both sexes, irrespective of caste, creed, etc., for the purpose of teaching in arts, science, studies relating to sports, counting and book keeping, typewriting and stenography, to making law of the land including commercial a .....

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l run by the trust both formal and informal education so as to equip each child with an appropriate mode enabling them to become a good citizen of India. (vi) To inculcate through teaching amongst the students a sense of National integration and unfailing respect for the country and its constitution. 3. The Assessing Officer in his report also submitted that the assessee-trust has furnished copies of the return of income for the last three years along with copies of audited balance-sheet and inc .....

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assessee-trust. Thus the aims and objects of the assessee-trust are of general public utility as well as to provide education and are covered by the provisions of section 2(15) of the Income- tax Act. 4. The learned Commissioner of Income-tax on the basis of material on record and report of the Assessing Officer noted that the assessee-trust is not registered under the new Haryana Registration and Regulation of Societies Registration Act, 2012 and accordingly rejected the application for regist .....

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, the learned Departmental representative for the Revenue relied upon the impugned order. 7. On consideration of the findings given in the impugned order, we do not find any reason to sustain the impugned order. At the stage of grant of registration or refusal to grant registration under section 12AA of the Act, the learned Commissioner of Income-tax is required to satisfy himself about the objects of the trust or institution and the genuineness of its activities. The learned Commissioner of Inc .....

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