TMI Blog2017 (12) TMI 1579X X X X Extracts X X X X X X X X Extracts X X X X ..... o invest the funds in the modes specified under the provisions of section 13(1)(d) r.w.s. 11(5) and that no investment clause was incorporated in the trust deed, we are of the considered view that the Income Tax Act prohibits investment in violation of Section 13(1)(d) & 11(5) of the Act and the trust deed prohibits such an investment by the assessee trust and, therefore, refusal to grant registration to the assessee trust on this count also is an irrelevant ground. Hence, we set aside the order of CIT(E) on this ground also. We therefore, direct the CIT(E) to grant registration u/s.12AA of the Act to the assessee trust. With regard to not granting approval u/s.80G we find that the reason given by the CIT(E) that he has refused to grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . With regard to the first objection of the CIT(E) that the amendment clause in the trust deed does not specifically provide that the amendments shall be carried out only with the prior approval of the CIT(E), we find that the issue is covered in favour of the assessee by the decision of this bench of the Tribunal in the case of Balasore Law College Vs. CIT(E), ITA No.459/CTK/2015, order dated 15.02.2017, wherein it was held that, the scope of enquiry contemplated u/s.12A of the Act is limited to the extent of Commissioner getting himself satisfied about object of the Trust and the genuineness of its activities so as to grant or refuse the registration u/s.12A of the Act. A perusal of the impugned order of the ld. DIT(Exemptions) shows tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of Section 13(1)(d) 11(5) of the Act and the trust deed prohibits such an investment by the assessee trust and, therefore, refusal to grant registration to the assessee trust on this count also is an irrelevant ground. Hence, we set aside the order of CIT(E) on this ground also. We therefore, direct the CIT(E) to grant registration u/s.12AA of the Act to the assessee trust. 7. With regard to not granting approval u/s.80G of the Act, we find that the reason given by the CIT(E) that he has refused to grant registration u/s.12AA of the Act, therefore, consequently he had not granted approval u/s.80G of the Act to the assessee trust. As we have granted registration u/s.12AA of the Act to the assessee trust, we set aside the order of CIT( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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