TMI Blog2014 (8) TMI 1024X X X X Extracts X X X X X X X X Extracts X X X X ..... lace only upon obtaining necessary permission from the tax authorities such as approval of the charitable activity and registration under section 12AA of the Act. Having regard to the circumstances of the case we are of the view that it is a fit case for granting of registration. The AO is always free to consider allowability of exemption at the time of assessment. With these observations the matter is set aside to the file of the DIT. - Decided in favour of assessee - ITA No. 7730/Mum/2012 - - - Dated:- 6-8-2014 - D. Manmohan (Vice President) And B. R. Baskaran (Accountant Member) For the Petitioner : K. Sivaram For the Respondent : Sambit Mishra ORDER D. Manmohan (Vice President) This appeal by the assessee comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide letter dated 19.10.2012 the assessee submitted that it has not carried out any activity till date because it can commence only when registration is granted under section 12AA and section 80G of the Act. The learned DIT (Exemption) was of the opinion that the plea is contrary to the provisions of the Act. In other words, where no activity was undertaken by the applicant it cannot satisfy the test of genuineness of its activity . It is a condition prescribed for granting of registration. He thus concluded that the assessee company failed to comply with the mandatory requirements prescribed under section 12AA read with Rule 17A and accordingly rejected the registration. 4. Aggrieved, assessee contended before the Tribunal that the inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the learned DIT erred in rejecting the claim of registration mainly on the ground that the assessee has not commenced its activities. 5. On the other hand, the learned D.R. relied upon the order passed by the learned DIT (Exemption) and submitted that the object clause is not clear as to how they are going to commence the activities. In other words, the mode commencement of activities is vague and in fact it has not commenced its activities and thus the learned DIT (Exemption) was justified in rejecting the request for registration, under section 12AA of the Act. 6. We have carefully considered the rival submissions and perused the record. We have carefully gone through the Memorandum of Association and also the reasons given by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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