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Paramount Education Charitable Trust Versus The C.I.T., Panchkula

2015 (10) TMI 1498 - ITAT CHANDIGARH

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 under the Societies Act. The reasons given by the learned Commissioner of Income-ta .....

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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 was created on May 28, 2007 and the trust has been registered with the Joint/Deputy .....

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rry 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 and labour laws, mechanical and electric engineering and also whatsoever appertain .....

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ith 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 income and expenditure statement for the year ending on March 31, 2011, March 31, 20 .....

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ublic 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 registration. 5. We have heard the learned representatives of both parties and perused .....

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d 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 Income-tax called for the report from the Assessing Officer. The Assessing Officer h .....

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