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2016 (7) TMI 847 - ITAT HYDERABAD

2016 (7) TMI 847 - ITAT HYDERABAD - TMI - Registration under section 12AA rejected - nature of activities - Held that:- The assessee temple is registered with the Endowments Department under section 6(c)(ii) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987. Section 6 of the Act provides for preparation and publication of list of charitable and religious institutions and Endowments on the basis of the income. Clause-(c) and sub-clause (ii) thereof, provides for rel .....

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s and Endowments Act is deemed to be carrying on the charitable and religious activities. The certificate of registration therefore, establishes that the ‘Temple’ is a religious and charitable institution. - In the case before us, since the certificate of registration with Endowments Department of the Government of A.P. is a document evidencing the creation of the Trust, we are of the opinion that the CIT(E) has erred in rejecting the application of the assessee for non- filing of the Trust .....

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For The Assessee : Mr. A.V. Raghuram For The Revenue : Mr. R.B. Naik ORDER PER SMT. P. MADHAVI DEVI, J.M. This is assessee s appeal against the rejection of assessee s application for registration under section 12AA of the I.T. Act, 1961. 2. Brief facts of the case are that the assessee is a very ancient temple in Warangal District and under the administrative control of Assistant Commissioner, Endowments Department, Warangal. The temple is also registered under section 6(c)(ii) of the Endowment .....

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sioner, Endowments Department, Warangal with respect to the status of the institution and the financial statements for the F.Y. 2011-12. The CIT(E), after examining the application of the assessee, rejected the same holding that the assessee has failed to produce the trust deed along with the application in Form-10A as according to him, it is mandatory for seeking registration under section 12AA of the Act. Aggrieved by the Order of the CIT(E), the assessee is in appeal before us. 3. The Ld. Cou .....

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rejected the assessee s application without properly appreciating the legal position of the assessee. The Ld. Counsel for the assessee also relied upon the decision of the Hon ble Madhya Pradesh High Court in the case of Laxminarayan Maharaj & Another vs. CIT reported in (1989) 150 ITR 465 in support of this contention. He further submitted that the Revenue had filed SLP before the Hon ble Supreme Court against the above decision and the Hon ble Supreme Court dismissed the SLP as reported in .....

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ection 6 of the Act provides for preparation and publication of list of charitable and religious institutions and Endowments on the basis of the income. Clause-(c) and sub-clause (ii) thereof, provides for religious institutions and Endowments other than Mutts not falling under Clause- (a) or Clause-(b) of section-6 of the Act. The religious institutions and Endowments are defined under sub- sections 22 and 23 of Section-2 of the said Act. For the sake of ready reference, they are reproduced her .....

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a religious institution, or which was given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity shall be deemed to be a religious endowment within the meaning of this definition, notwithstanding that, whether before or after the commencement of this Act, the religious institution has ceased to exist or ceased to be used as a place of religious worship or instruction or the service or charity has ceased to be performed. .....

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