Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

Village Foundation for Social Services Versus Commissioner of Income-tax (Exemption) , Kolkata

2017 (10) TMI 528 - ITAT KOLKATA

Registration u/s. 12A - no activities of the Trust were started - Held that:- The law is now well-settled that while granting the registration to the charitable institution or trust, if it is at the commencement stage, the powers of CIT, with whom the application is filed by such trust/institution, are limited to the aspect of examining that whether or not the objects of trust are charitable in nature. A perusal of the object ives sought to be achieved by the assessee Trust is undisputedly carry .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

vour of assessee. - I.T.A. Nos. 780 And 781/Kol/2017 - Dated:- 20-9-2017 - Shri A. T. Varkey, JM And Shri Waseem Ahmed, AM For The Appellant : Shri Sunil Surana, FCA For The Assessee/Cross Objector : Shri G. Hangshing, CIT, DR ORDER Per Shri A.T.Varkey, JM Both these appeals preferred by the assessee are against the separate orders of Ld. CIT(E), Kolkata dated 08.02.2017 and since both these appeals have been heard together, they are being disposed of by this common order. 2. Brief facts of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the Companies Act, 2013 and rule 8 of Companies (Incorporation) Rules, 2014 dated 23.08.2016. The Trust filed an application in Form 10A for registration u/s. 12A of the Income-tax Act, 1961 (hereinafter referred to as the Act ) and Form 10G for granting approval u/s. 80G of the Act on 02.12.2016 before the ld. CIT (Exemptions), Kolkata. However, Ld. CIT(E) rejected the application for registration vide order dated 08-02-2017 on the reason that since no activities of the Trust were started a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

trust. 2. For that on the facts and circumstances of the case the Ld. CIT(E) may be directed to grant registration u/s. 12AA of the I. T. Act, 1961. Similarly, approval under section 80G(5)(vi) was also denied on the same day as a consequence of rejection of the application in Form No. 10A. Aggrieved by the rejection of the approval sought under section 80G, the assessee carried the matter in appeal before us on the following effective grounds:- 1.For that the order of the Ld. CIT(E) erred in re .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

om the application is f i led, are l imi ted to the aspect of examining as to whether or not the objects of trust are chari table in nature and since the Trust was formed on 23.08.2016 and the application for registration was made on 02.12.2016, though the activi ties commenced to some extent, which was less never theless according to ld AR i t is not open for the ld. CIT(E) to go into the quanti tative aspect of the activi ties of the Trust whi le considering the application for registrat ion u .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Development Authority Vs CIT ITA 756/Kol /2010, dated 24.6.2016 and M/s Broadway Charitable Trust Vs Cit ITA No 647/Kol/2013 dated 29.4.2016. In a decision rendered by a Coordinate Bench of Delhi Tribunal in the case of Dharma Sansthapak Sangh (Nivas) -vs.- CIT (2008) 118 TTJ (Del .) 823, it was held as follows: 10. The law is now well-settled that while granting the registration to the charitable institution or trust, if it is at the commencement stage, the powers of CIT, with whom the applica .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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. We direct CIT to grant registration to the CIT (sic-assessee-trust). The appeal filed by the assessee is allowed.& .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ted 30.09.2016, wherein the Tr ibunal vide para 6 has held as under : 6. In the decisions rendered by Coordinate Benches in the case of Vivekananda Wel fare Trust -vs. - DIT(E) in ITA Nos. 2095/KOL/2008 and 27/KOL/2009, order dated 23.01.2009, M/s Ginia Devi Todi Chari table Trust, Kolkata Vs Director of Income Tax ITA 738/Kol /2010, dated 1.6.2011, Bani Mi t tra Chari table Trust, Kolkata Vs. Director of Income Tax ITA 1154&1155/Kol /2009, dated 25.8.2009 the same conclusion was reached by .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version