TMI Blog2015 (12) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... diture account for the year ended 31st March, 2013. In view of the above discussion we direct the Ld. CIT(A) to grant registration to the assessee u/s 12A/12AA of the Act. - Decided in favour of assessee - ITA No: 2062/Del/2013 - - - Dated:- 14-8-2015 - SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI J.SUDHAKAR REDDY ACCOUNTANT MEMBER For The Appellant : Shri S.K. Matta, CA For The Respondent :Shri J.P. Chandrekar, Sr. DR ORDER PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER This is an appeal filed by the assessee directed against the order of Ld. CIT , Dehradun u/s 12AA(1)(b)(ii) of the Income Tax Act dated 26.2.2013 wherein the Ld. CIT(A) has rejected the application filed by the assessee for registration u/s 12A(a) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he benefit of tennis players of all age groups 4. To identify the talent in sports in the state and to help through the medium of this association in the field of games, education and genuine needs of the players through Govt. Sports departments 5. To satisfy the feeling that tennis is the game of general public 6. To help and cooperate in formulation of schemes in the state with respect to cultural, physical, social, moral, educational and sports activities with the help of administration and sports Ministry 7. To get support of general public in holding competitive events of tennis with the help of local public in general 8. To hunt the local talent in tennis and to help and support them for their overall dev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itable in nature, registration has to be granted. There is no dispute that the objects are charitable in nature. There is no evidence that the activities are not genuine under the circumstances we hold that the claim of the assessee is to be allowed . 6. A charitable trust for purposes of starting an educational institution had acquired lands for about ₹ 17 crores, but had not obtained the necessary affiliation from the Government. Since there was no other infrastructure with the assessee having incurred only ₹ 1,500, the Commissioner felt that the amounts spent having been meagre, the question of registration at this stage cannot arise. Since registration has to be considered in the light of genuineness and the objects and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot been refuted and advised that a fresh application may be filed after activities are commenced. The High Court did not consider it necessary to await commencement and that genuineness alone could be considered as is evident by the preponderance of this view in the precedents. Approval under section 80G was also directed pointing out that neither registration nor approval under section 80G by themselves merited exemption, which can be gone into by the Assessing Officer. 7. The apprehension of the Ld. CIT that, when certain objectives are undertaken, they might become a commercial venture, is not supported by the facts on record. Such apprehension cannot be the basis of rejection of the application for registration u/s 12AA of the Act. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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