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TMI Blog2016 (12) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... iv) of the Act. Since both impugned orders are based on common facts therefore, these appeals are heard together and disposed of by this consolidated order. 2. The assessee has raised the grounds in ITA No.66/Bang/2016 as under : 1. The learned Commissioner of Income Tax (Exemption) erred in rejecting the application made by the Appellant foundation for grant of Registration u/s. 12AA(1)(b)(ii) of Income Tax Act, 1961, 2. The learned Commissioner of Income Tax(E) was wrong in not considering the material furnished by the Appellant Foundation complying with all the requirement of Income Tax Act, as suggested by the learned Commissioner of Income Tax and also had furnished the accounts for the period from the date of commencement of the fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting order u/s.80G(5)(iv) is mentioned as 28.09.2015, wherein it is stated that the application for Registration u/s. 12A has been rejected vide order date 06.11.2015 itself shows that the learned Commissioner of Income Tax(E) has not applied his mind while passing the order. It may also be observed that in the order u/s.12AA letter dated 16.10.2015 was issued intimating some of the discrepancies, which itself is after the date of passing the proceedings regretting the Recognition u/s.80G of Income Tax Act, which shows that the rejection has been made without applying the mind. For the above grounds and such other grounds that may be urged at the time of hearing, the appellant prays that the appeal be allowed. 3. The assessee filed an app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per the Supplementary Deed in case of Dissolution of the Trust the properties of the Trust shall be transferred to Sri Ramakrishna Ashrama if the same continue to be Registered under Section 12AA of the Income Tax Act and recognized under Section 80G at the time of Resolution of the assessee-trust or any other charitable trust registered under Section 12AA and recognition under Section 80G of the Act or any other trust, society having similar objects as of assessee. Therefore the ld. AR has submitted that as per the amendment by Supplementary Deed dt.10.3.2016, the objection raised by the CIT (EXEMPTIONS) are now removed. Since the CIT (EXEMPTIONS) did not afford an opportunity to the assessee to rectify the defect if any in the trust deed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be known whether Sri Ramakrishna Ashrama is recognized under Section 12A of the IT Act at that time. In other words, it cannot be pre-determined before its dissolution. 3. At the stage of Registration under Section 12AA, the Commissioner in receipt of an application for Registration of a trust or institution has to satisfy himself about the objects of the trust or institution and the genuineness of its activities. In the absence of relevant details, it is not possible to verify the genuineness of the objects and the activities of the trust in this case. in this connection reliance is placed on the following decisions :- a) The Hon'ble Karnataka High Court in the case of Ganjam Nagappa and Son Trust Vs. DIT(E) reported in 269 ITR 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... requirement as per the provisions of the Income Tax Act. In the facts and circumstances of the case, we set aside the impugned order passed under Section 12AA(1)(b)(ii) of the Income Tax Act and remand the matter to the record of the CIT (EXEMPTIONS) for deciding the matter afresh after considering the amendment carried out by the assessee vide Supplementary Deed dt.10.3.2016 as well as after giving an opportunity of hearing to the assessee. ITA No. 67/Bang/2016 8. The learned A. R. of the assessee has submitted that this is an order consequent to the order dt.6.11.2015 passed under Section 12AA(1)(b)(ii) of the Act. He has further submitted that no independent decision was taken by the CIT (EXEMPTIONS) but the application for recognitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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