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Shree Shiridi Saibaba Charitable Trust Versus The Director of Income-tax (Exemptions) Chennai

2016 (1) TMI 238 - ITAT CHENNAI

Registration u/s 12AA denied - objection for refusing registration u/s 12AA is that the assessee has failed to produced the audited accounts and details about the activities - Held that:-In the present case, the main objects of the assessee-trust are only charitable objects. The assessee has distributed some books to the poor students. Simply because the details were not filed in respect of the books donated to the poor students, it cannot be said that the assessee has not carried out any charit .....

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6-10-2015 - SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER For The Appellant : Shri T. Vasudevan, Advocate For The Respondent : Shri Joe Sebastian, CIT ORDER PER V. DURGA RAO, JUDICIAL MEMBER This appeal of the assessee is directed against the order of the Director of Income-tax(Exemptions), Chennai, dated 28.2.2013, passed in DIT(E) No.2(374)/12-13 refusing registration u/s 12AA of the Income-tax Act, 1961 (in short the Act ). 2. At the outset, it was noticed the .....

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and the need for further follow-up action. Only towards the middle of September did she realize that the appeal to the Tribunal has not been prepared and filed. Immediately thereafter, the Managing Trustee contacted her auditor, who in turn handed over the papers to the counsel Mr.T.Vasudevan at Chennai. The orders of the lower authorities were sent for preparation of the appeal and was eventually filed on 01.10.13 resulting in a delay of 150 days. 3. The ld. Counsel for the assessee submitted t .....

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e appeal. 5. Facts in brief are that the assessee is a charitable trust and created by a trust deed dated 8.3.2012. It filed an application in Form No.10A on 21.8.2012 seeking registration u/s 12AA of the Act. The DIT(E) denied the registration u/s 12AA of the Act by observing that the assessee has failed to furnish the audited accounts and proof of activities carried on by it. He further observed that the trust has donated some books and notebooks to poor students for which no details were file .....

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in nature. The DIT(E) has taken one of the isolated incidental activity and denied registration u/s 12AA of the Act to the assessee. The ld. Counsel prayed that the assessee may be granted registration u/s 12AA of the Act. He further submitted that at initial stage of registration, the scope of enquiry by the DIT(E) is very limited. He relied on the judgment of the Hon'ble Madras High Court in the case of DIT(E) vs M/s RJBV Vasudevan Educational & Charitable Trust in Tax Case (Appeal) No .....

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r in kind. • To award scholarships as well as loan scholarships to deserving students. • To distribute prizes to deserving and outstanding and meritorious students. • To establish, run, assist schools, educational institutions, centers of information on education, vocational centers, learning and development in such places as deemed fit for the promotion of education with focus on Indian traditional way of learning and to assist students by way of providing scholarships, financial .....

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ral needs. • To develop in children and in youth, the senses of patriotism, values, ethics and skills and impart education based on Indian systems, heritage, thought, culture, traditions and learning methods and skills. • To carry out research in the field of Education, to carryout out any program for improving the physical health condition, to develop and promote sports and physical fitness activities of poor children and particularly students of schools run, managed or operated by Pa .....

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activities, it is not necessary for the assessee to file audited accounts before the DIT(E). Even it is not necessary that the assessee has to file all details of the activities carried out by the assessee. The scope of enquiry by the DIT(E) to grant registration u/s 12AA is whether the objects of the trust are charitable in nature or not and genuineness of the trust. So, if both the conditions are fulfilled, the DIT(E) has to grant registration u/s 12AA of the Act. In this case, the objects of .....

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