TMI Blog2016 (11) TMI 1161X X X X Extracts X X X X X X X X Extracts X X X X ..... has already been observed that objects of trust, which are religious, are charitable in nature. Thus, assessee also fulfils such condition. The carrying of charitable activity at the stage of commencement of institution is not relevant to decide that whether such trust/ institution is entitled for registration. So long the objects of the trust are charitable in nature, registration cannot be refused, if the trust is genuine. Therefore, we find no material on record to justify the action of the CIT vide which the assessee trust has been refused for grant of registration. - Decided in favour of assessee. - I.T.A Nos. 1423 & 1424/Kol/2015 - - - Dated:- 30-9-2016 - Shri Waseem Ahmed, AM Shri K. Narasimha Chary, JM For The Appellant: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Income Tax failed to appreciate the fact that the Appellant trust was established on 11th December, 2014 and is engaged in charitable activities and legally entitled or certificate of Registration u/s 12AA of the Income Tax Act, 1961. 3. For that from facts and in any circumstances of the case Appellant's application for grant of Certificate of registration u/s 12AA of the Income Tax Act, 1961 can be denied legally. 4. For that the order passed u/s 12AA of the Income Tax Act, 1961 is erroneous on facts and in law and is liable to be cancelled with direction to grant the approval. Challenging the denial of approval under section 80G(5)(vi) as a consequence of rejection of the application in Form No. 10A, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 015, though the activi ties commenced to some extent, there were less as such is not open for the ld. CIT to go into the quant itat ive aspect of the activi ties of the Trust. 5. Chari table objects of the t rust are not disputed by the Learned CIT. It is submit ted that so long as there is no dispute as to the objects of the trust , what is to be seen at the time of granting regist rat ion by the learned CIT is only whether the objects of the t rust are chari table and act ivit ies carr ied out are genuine in nature. In Commissioner Of Income Tax Vs Satvara Education Foundation Tax Appeal No. 907 of 2013 Date : 11/11/2013 the Hon ble question considered the question Whether the ITAT is justified in law as well on facts in directing to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e through the orders of the authorities below. It is pertinent to note that as per Memorandum of Association and Articles of Association, the foundation is registered under Section 25 of the Companies Act under registration certificate dated 06/06/2012. The total donation received by the assesseetrust is only ₹ 7103/-. The total amount given as donation/scholarship to girl students is about ₹ 4000/-. Looking to the magnitude of the income in the previous year relevant to assessment year under appeal, the charitable activities carried out cannot be called as low magnitude. Considering the totality of the facts and circumstances of the case, we are of the view that the learned CIT refusing registration under Section 12AA of the I. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stration cannot be refused, if the trust is genuine. Therefore, we find no material on record to justify the action of the CIT vide which the assessee trust has been refused for grant of registration. We direct CIT to grant registration to the CIT (sic-assessee-trust). The appeal filed by the assessee is allowed. [Emphasis supplied] While deciding the appeal in the above case, the Tribunal took into consideration the decisions of Tribunal in the cases of Acharya Sewa Niyas Uttaranchal vs. CIT [(2006) 105 TTJ (Del) 761] and Modern Defence Shikshan Sansthan vs. C.I.T. [(2007) 108 TTJ (Jd) 732]. 7. In the decisions rendered by Coordinate Benchs in the case of Vivekananda Welfare Trust vs.- DIT(E) in ITA Nos. 2095/KOL/2008 and 27/KOL/200 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
