Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Saraswati Devi Educational & Charitable Trust Versus The C.I.T., Rohtak

Registration u/s 12A and approval u/s 80G denied - appellant trust has carried out one time activity of the distribution of sums - Held that:- From the impugned order of the ld. CIT we note that in the ground taken for rejection he observed that the appellant trust has carried out one time activity of the distribution of sums and the applicant society has not carried out any activity in the field of formal education. He further alleged that the distribution of ht sums of money cannot be describe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

aving undertaken charitable activities before filing such application for registration u/s 12A of the Act. The ld. CIT(A) has not brought out any allegation or fact on record to establish and allege that the receipts of application trust were not used for charitable purposes and nor it has been shown that receipts were misappropriated or misused by the trustees or office bearers of the trust. Hence this allegation has no legs to stand.

No clause or provision in the trust deed which sh .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

peration of the trust shall be carried in accordance with the intention of earning profits will perform with service motive only. In such situation the basis and allegations labelled by the ACIT are not found to be sustainable. registration u/s 12AA to be allowed - Decided in favour of assessee - ITA No. 3766 & 3767/Del/2013 - Dated:- 31-3-2016 - Shri G. D. Agrawal, Vice President And Shri Chandra Mohan Garg, Judicial Member For the Petitioner : Shri R.P. Basia, CA For the Respondent : Shri Suni .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

being disposed of by this common order for the sake of brevity and convenience. ITA No. 3766/Del/2013 2. At the very outset, it is relevant and necessary to record relevant facts of the case that the applicant-trust was registered under the Indian Trusts Act vide Trust deed executed on 27.11.2010. As per the applicant-trust, it is a charitable trust established with the object of spreading education and providing medical and social relief to the poor. Earlier, the applicant-trust applied for re .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l the conditions required for grant of registration applied for and the report was received through the JCIT, Sonepat vide his office letter dated 18.2.2013. During the remand proceedings, the applicant-trust submitted that further information and explanation to the JCIT as well as the AO did not clearly recommend the case for grant of registration u/s 12A of the Act and left the matter to be decided by the ld. CIT, Rohtak on merits. The ld. CIT, in the impugned order, considered the information .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ction 12AA of the income tax act, 1961 without giving appropriate opportunity and ignoring all merits of the case. In fact the Ld. CIT did not give any hearing on the matter and left it on the Ld. ITO Hq. (vig), Rohtak. 3. We have heard the arguments of both the sides and carefully perused the relevant material placed on record before us. The ld. AR submitted that the ld. CIT(A) has wrongly dismissed the application for registration u/s 12A of the Act without giving opportunity of being heard to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ppreciate that the applicant-trust has applied for registration u/s 12A in the prescribed form No. 10A alongwith requisite documents including the trust deed, but the ld. CIT has wrongly concluded that the activities of the trust cannot be put to the test of genuineness without going into the merits. The ld. AR contended that the ld. CIT has ignored the fact that the applicant-trust exists only for charitable purposes and not for profit motive, as is clearly evident from its aims and objects men .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

.4.2013. The ld. AR lastly contended that the ld. CIT, Rohtak rejected the application for registration by considering the irrelevant facts and on incorrect basis. Therefore, the applicant-trust should be granted deemed registration. 4. Replying to the above, the ld. DR contended that as per the directions of the Tribunal, the ld. CIT, Rohtak properly asked for remand report from the AO and after considering the same, held that the JCIT as well as the co did not clearly recommend the case for re .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and submitted that in pursuance of direction of the Tribunal, the ld. CIT(A) properly conducted second round of proceedings and dismissed the application for registration u/s 12A of the Act. 5. On careful consideration of the above noted discussion, we note that the Tribunal directed the ld. CIT to decide afresh the issue of grant of registration u/s 12A of the Act and grant of approval u/s 80G of the Act by observing as under: 5. We have heard rival contentions and gone through the relevant ma .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

heard to the applicant on alleged non compliance. In the interest of natural justice we deem it fit and proper to restore the issues in question i.e. registration u/s 12AA/80G, back to the file of CIT for decision afresh on merit in accordance with law, after affording reasonable opportunity of being heard to the appellant. We order accordingly. 6. From the vigilant perusal of the relevant material on record, we note that the ld. CIT has rejected the application for registration u/s 12A of the A .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

irst Vicepresident, Second Vice-President and Treasurer of the Society who are brother having close family relations with other members. iii) That the appellant society has amended the constitution without following the due procedure of the law. iv) The Joint CIT as well as Assessing Officer did not recommend the case under registration 12A and left the matter to be decided on merits. v) The properties of the society and the financial control are in the hand of members and also the crucial power .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of Jupiter Medical Research Centre Trust Vs. CIT 128 TTJ [Ahd] UO 118, as relied by the ld. AR wherein it was held that merely because the trustees are of the same family, it does not put a rider or any adverse inference that the assessee applicant-trust is not for charitable purposes. 8. From the impugned order of the ld. CIT we note that in the ground taken for rejection he observed that the appellant trust has carried out one time activity of the distribution of sums and the applicant societ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

aritable activities of the trust. It is not pre-requirement for seeking registration u/s 12A of the Act that the applicant must show and establish having undertaken charitable activities before filing such application for registration u/s 12A of the Act. The ld. CIT(A) has not brought out any allegation or fact on record to establish and allege that the receipts of application trust were not used for charitable purposes and nor it has been shown that receipts were misappropriated or misused by t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

finance is safely given to members to enjoy the fruits of the properties and financial resources and receipts of the trust. 10. Per contra, from clause 16 of the trust deed it is clear that in the event of winding up of the trust or on any account whatsoever, the assets of the trust as at the time of wining up shall devolve upon any other charitable trust decided by the board of trustees. 11. Last allegation for rejection as noted by the ld. CIT(A) is also not correct that the JCIT and the AO d .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

amount of ₹ 93,000/- has been utilised for the benefit of brilliant and needy students. In those reports the JCIT & ACIT/AO has also stated that the trust is running on deed which was made on 27.12.2010 and the trust is an educational and charitable trust with the object to help in spreading of education in its widest connotation with special focus on education of poor and needy without any preference on the basis of religion, race, caste, sex or place of birth and operation of the tr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s, information and conduct inquiries to satisfy about the genuineness of the activities of the trust or institution and after recording satisfaction about the charitable or religious nature of the objects and genuineness of the trust or institution, CIT will pass an order granting registration u/s 12AA of the Act. 13. It is further provided that if the CIT is not so satisfied, the provisions of section 12AA of the Act require him to pass an order rejecting such application of registration and se .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

judgment of Hon ble Karnataka High Court in the case of Sanjeevamma Hanumath Gowda Charitable Trust vs DIT(E) reported as 285 ITR 327 (Karnataka) wherein their lordships have set out the guidelines for the purpose of grant of registration u/s 12AA of the Act and has held that the registration granting authorities have to be satisfied about the genuineness of the activities of the Trust or institution and they are required to see that how the income derived from the trust property is applied to c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uestions of law but find no reason to hold that the impugned order suffers from any error or raises a substantial questions of law much less questions of law framed by the revenue. The object of Section 12AA of the Act is to examine the genuineness of the objects of the Trust and though while examining genuineness, the income as well as resources of the Trust may be taken into consideration but any suspicion as to these facts cannot be the sole criteria for rejecting an application under Section .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Latest Happenings     ↓  

Forum: REGISTRETION

Notification: Absolute Exemption from IGST on inter-State supplies of goods

Notification: CGST Rate Schedule u/s 9(1) - notifying rates of CGST @ 2.5%, 6%, 9%, 14%, 1.5% and 0.125% on Supply of Goods

Notification: seeks to exempt Skimmed milk powder, or concentrated milk

Forum: On what Value tax to be deducted at source (TDS)

Highlight: IGST Rate Schedule u/s 5(1) - notifying rates of IGST @ 5%, 12%, 18%, 28%, 3% and 0.25% on supply of goods. - Notification no. 1/2017 as amended vide notification dated 22-9-2017

Notification: IGST Rate Schedule u/s 5(1) - notifying rates of IGST @ 5%, 12%, 18%, 28%, 3% and 0.25% on supply of goods.

Highlight: National Advisory Committee on Accounting Standards - Tenure of the NACAS extended from one year to two years

Notification: National Advisory Committee on Accounting Standards

Forum: Duty Drawback- Urgent

Notification: Central Government appoints the 20th September, 2017 as the date on which proviso to clause (87) of section 2 of the Companies Act 2013, shall come into force - "subsidiary company" or "subsidiary"

Highlight: Restriction on number of layers for certain classes of holding companies - More than two layers of subsidiaries not allowed subject to certain exceptions.

Forum: GST on RCM on rent in a unregistered state

Forum: COMPOSITION SCHEME

Article: Websites of Government Departments need lot of improvement. We are noticing detoriations in them for example, case of website of ITAT.

Highlight: Levy of additions tax u/s 115O on distribution of dividend - shares of its profits declared as distributable among the shareholders is not impressed with the character of the profit from which it reaches the hands of the shareholder - not to be bifurcated as agriculture and non-agriculture dividend - SC

Highlight: Rate of GST on old and scrap buses - 28% or 18% - at such initial tender process initiated by the Respondents-KSRTC, the present petitions filed by the petitioners are premature and misconceived and do not require any interference by this Court at this stage. - HC

Highlight: In view of amendment made u/s 132A of the Income Tax Act, 1961 by Finance Act of 2017, the 'reason to believe' or 'reason to suspect', as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal, SC dismissed the appeal of the assessee

Highlight: Validity of Assessment Order - period of limitation u/s 153 (2A) is applicable even if the entire order was not set aside but matter was remanded back for for limited aspects with directions - HC

News: Note ban was a shake-up, achieved its main objectives

Notification: Amendments in the notification No.5/2017- Integrated Tax (Rate) dated the 28th June, 2017.

Highlight: Levying interest u/s 234C - interest is to be charged on the returned income and not on assessed income.

Highlight: Accrual of income - sale of right to develop and sell incentive FSI under LOI - till the conditions of LOI are fulfilled transfer is not complete and income does not accrue to the assessee

Highlight: TPA - determination of ALP - TP adjustment by applying Bright Line Test (BLT) is not sustainable on protective basis having no statutory mandate.

Highlight: Safeguard Duty - Advance License Scheme - as there is no exemption from safeguard duty leviable under Section 8C, which is imposed on the goods imported from China, the importer has to pay safeguard duty

Highlight: Manufacture - process of cutting of waste plastic container - Such plastic containers before and after cutting are nothing but waste / scrap - Not a manufacturing activity as no new product emerges.

News: NITI Aayog and Govt. of Assam organizes workshop on health sector reforms in Guwahati; launches SATH- Sustainable Action for Transforming Human Capital

Notification: Seeks to amend notification no. 5/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of refund on corduroy fabrics

Notification: Seeks to amend notification no. 2/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst exemptions

Notification: Seeks to amend notification no. 2/2017- integrated tax(rate) dated 28.06.2017 to give effect to GST council decisions regarding GST exemptions.

Notification: Seeks to amend notification no. 1/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates

Notification: Seeks to amend notification no. 1/2017- integrated tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates.

News: Notification Issued For GST Actionable Claim On Branded Food Products

Highlight: Classification printed computer stationary/manifold Business Forms - to be classified under Chapter Heading 4820.00 or under Chapter Heading 4901.90 - items like A4 sheets, advertisement and job card to be classified under Chapter 49

Article: RCM Applicability to persons not liable to get registered us 23(1)

Article: Credit of unsold stock [Section 140(3)] - Actual Credit as well as Notional Credit - Part-I - GST Transitional provisions

News: GST Refund - Blockage of Working Capital of Exporters - earlier also there was a normal blockage of funds for a period of 5-6 months at least

News: Clarification about Transition Credit - ₹ 1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 - claim of credit of ₹ 65,000 crore is not unexpected

Article: 20 Things You must know about E Way Bills in GST Law

Article: MISTAKES IN DRAFTING

Highlight: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg. - Circular

Highlight: The definition of "subsidiary company" or "subsidiary" u/s 2(87) of the Companies Act, 2013 shall come into force w.e.f. 20-9-2017

Highlight: Central Government notified the All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017 - Notification

Notification: All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017

Circular: Investment by Foreign Portfolio Investors in Corporate Debt Securities Review

Notification: Exemptions on supply of services under UTGST Act

Notification: Rates for supply of services under UTGST Act

Notification: Exemptions on supply of services under IGST Act

Notification: Rates for supply of services under IGST Act

Notification: List of Exempted supply of services under the CGST Act



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version