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2016 (7) TMI 510 - ITAT VISAKHAPATNAM

2016 (7) TMI 510 - ITAT VISAKHAPATNAM - TMI - Entitlement for registration u/s 12AA - non carrying any activities as per its objects - CIT(A) denied the exemption as no worthwhile activities are conducted by the society since its inception except plan approval for building construction, bank charges and society registration - Held that:- The objection raised by the Ld. Commissioner is not correct for the reason that the assessee society is existed very recently and therefore it will take some ti .....

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ration u/s 12AA of the Act for the reason that the society has not commenced its operations. In our opinion, having accepted the assessee trust as charitable in nature, rejecting on the ground of non- commencement of operations and not granting registration u/s 12AA of the Act by the Ld. Commissioner is prematured. Also see Sanjeevamma Hanumanthe Gowda Charitable Trust Vs. Director of Income-Tax (Exemptions) [2006 (3) TMI 91 - KARNATAKA High Court ] - Decided in favour of assessee - I.T.A. No. 6 .....

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ation in form no.10A dated 20.3.2013 for registration u/s 12AA of the Act along with following objectives: i) To establish a well equipped library with the good books intended for educating the members of the society. ii) To promote the feeling of integrity. iii) To establish schools to eradicate illiteracy. iv) To remit fee poor school going children and distribution of books. v) To extend financial help to the poor patients towards medical and operation charges. vi) To encourage the meritoriou .....

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duct camps for introducing the brides and bridegrooms. xi) To construct water tanks, to strive for bringing the ecological balance, and to protect the environment. xii) To impart cultural skills to the members in leisure times. xiii) To work for developing the sports and to conduct games. xiv) To eradicate poverty and illiteracy, to extend medical help irrespective of the caste, creed, religion and gender. To work unitedly for the development of Indians. xv) In future, it is proposed to undertak .....

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. We have heard both the parties, perused the materials available on record and gone through the orders of the authorities below. The assessee society is registered under the Societies Registration Act on 7.1.2013 applied for registration u/s 12AA of the Act on 30.3.2013. The Commissioner rejected the assessee s request registration u/s 12AA of the Act by order dated 25.9.2013 on the ground that assessee society has not carried out any worthwhile activities as per the objects of the society exce .....

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77; 61,00,410/-. So the assessee has started its operations to achieve the objects for which it is existed. It is not the case of the Commissioner that the assessee is existed for non-charitable purpose. The only objection raised by the Commissioner is that the assessee has not carried out any activities as per its objects. In our opinion, the objection raised by the Ld. Commissioner is not correct for the reason that the assessee society is existed very recently and therefore it will take some .....

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n u/s 12AA of the Act for the reason that the society has not commenced its operations. In our opinion, having accepted the assessee trust as charitable in nature, rejecting on the ground of non- commencement of operations and not granting registration u/s 12AA of the Act by the Ld. Commissioner is prematured. The Income Tax Act provided safeguards that whether trust or institution granted registration u/s 12AA of the Act and subsequently CIT satisfied that the activities of the trust or institu .....

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nion that the assessee is entitled for registration u/s 12AA of the Act. 6. Under similar circumstances, the Hon ble Karnataka High Court in the case of Sanjeevamma Hanumanthe Gowda Charitable Trust Vs. Director of Income-Tax (Exemptions) 285 ITR 327 has considered the issue and observed as follows: Having regard to the scheme of ss. 11, 12 and 13 ultimately what the CIT has to look into is not the source of income to the trust but whether such income is applied for charitable or religious purpo .....

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