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Abacus Academia Versus CIT (Exemption) , Kolkata

2016 (11) TMI 330 - ITAT KOLKATA

Grant of registration u/s.12AA denied - Held that:- The question whether activities of the trust are minimum or not is not a relevant criteria for grant of registration. Since, no other reasons have been given for not granting registration to the Ass .....

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at would be sufficient to allow registration subject to fulfillment of other conditions for grant of registration. We are therefore of the view that the Assessee is entitled to grant of registration u/s.12AA of the Act. - Grant of recognition u/ .....

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64 & 65/Kol/2016 - Dated:- 19-10-2016 - Shri N. V. Vasudevan,J.M. And Shri M. Balaganesh, A. M. Assessee by : Ms.Komal Agarwal,Advocate Revenue by : Shri G. Mallikarjuna, CIT,DR ORDER Per Shri N. V. Vasudevan, J.M. ITA No.64/Kol/2016: This is an app .....

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(Exemption), Kolkata passed u/s.80G (5) (vi) of the Income-tax Act 1961(Act). 2. The assessee is trust which came into existence by a deed of trust dated 22.12.2014. It made an application for registration u/s12AA of the Income Tax Act, 1961 (Act) be .....

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plication vide his order dated 28.10.2015 for the reason that the activities of the Trust were found to be bare minimum to justify the claim of Registration. The assessee being aggrieved by the rejection of the registration u/s.12AA of the Act has pr .....

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the impugned order is that the CIT(E) expects that the trust should have carried out sufficient activities and since the activities were not large in number, the registration is being denied. The Provisions of Sec.12AA of the Act reads thus: 12AA. ( .....

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trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust or institution and may also make such inquiries as he may deem necessary in this behalf; and (b) after satisfying himself about t .....

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or institution, and a copy of such order shall be sent to the applicant :…. . 4. As can be seen from the aforesaid provisions, the question whether activities of the trust are minimum or not is not a relevant criteria for grant of registration .....

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