9911796707
TMI Blog2011 (2) TMI 1447X X X X Extracts X X X X X X X X Extracts X X X X ..... Jacob O R D E R PER BENCH : These appeals filed by the assessee against the common order passed by the Director of Income Tax (Exemptions), Chennai, dated 28.05.2010 rejecting the applications filed by the assessee for registration under section 12AA and in Form 10G for exemption under section 80G of the Income-tax Act, 1961 (hereinafter called as "the Act") 2. The facts pertaining to the is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 3(f) states to provide arbitration in respect of settlement of disputes arising in the course of trade, services, vacations industry or other business matters of community. Considering the above activities of the assessee-Trust as noncharitable and would not fall within the ambit of section 2(15) of the Act, the DIT(Exemptions) rejected grant of registration under section 12AA of the Act conseq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that some of the activities of the society are not charitable without applying his mind to the nature of the activities of the society in the proper viewpoint. Documentary evidence about the activities of the Trust had been ignored. (6) In any event the conclusion of the Commissioner of Income Tax is hyper technical and superfluous. The application is liable to be allowed and registration under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature and the CIT was wrong in rejecting the registration on some frivolous issues instead of examining the genuineness of the Trust, activities of the Trust and to make necessary enquiries which he may deem necessary in his behalf. 4. From the reading of section 12AA, we note that the only duty of the CIT was to satisfy himself about the genuineness of the activities of the Trust. The Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neness of the activities of the Trust with reference to documents called for by him. In other words, the DIT (Exemptions) has gone astray from the norms specified in section 12AA. In this view of the matter, we direct DIT (Exemptions) to grant registration under section 12AA and approval under section 80G of the Act to the assessee-Trust. 5. In the result, both the appeals filed by the assessee a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
