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TMI Blog2018 (10) TMI 733X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of registration under section 12AAof the Income Tax. The ld.DIT(Exemption) called for following documents: "(i) Certified copy of Trust deed /M.O.A. and, if it is not in English then certified English translation also, (ii) Copy of PAN Card of trust and all trust deed with details of Circle/Ward where they are assessed, (iii) Copy of Bank Account since inception of Trust or last three years whichever is less, (iv) Please give details of premises of Trust Whether premises owned by the trust or rented. (v) Please submit List of main objects of trust, (vi) Please give details as to how does the trust generate funds for achieving the object of trust. (vii) Evidences that the corpus amount has been transferred to the trust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for registration, evidencing the creation of the trust or establishment of the trust. There must be written instrument by way of which the trust or institution is created/established from which its objects can be seen. In the absence of the deed, it cannot be known what were the objects of the trust originally. Whether, the objects have since changed. If the trust changes its objects in future again it would not be verifiable. Whether the trust is for any particular caste, creed etc. cannot also be known. In view of this fact the applicant for registration u/s. 12AA is liable to be rejected as even its objects cannot be verified as required by section 12AA(1). In any case in the absence of deed, it cannot be known as to what will happen to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ying himself about the objects of the trust or institution and the genuineness of its activities, he- (i) shall pass an order in writing registering the trust or institution; (ii) shall, if he is not so satisfied, pass an order in writing refusing to register the trust or institution, and a copy of such order shall be sent to the applicant : Provided that no order under sub-clause (ii) shall be passed unless the applicant has been given a reasonable opportunity of being heard. [(1A) All applications, pending before the [Principal Chief Commissioner or] Chief Commissioner on which no order has been passed under clause (b) of sub-section (1) before the 1st day of June, 1999, shall stand transferred on that day to the [Principal Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and subsequently it is noticed that the activities of the trust or the institution are being carried out in a manner that the provisions of sections 11 and 12 do not apply to exclude either whole or any part of the income of such trust or institution due to operation of sub-section (1) of section 13, then, the Principal Commissioner or the Commissioner may by an order in writing cancel the registration of such trust or institution: Provided that the registration shall not be cancelled under this subsection, if the trust or institution proves that there was a reasonable cause for the activities to be carried out in the said manner.] 6. A perusal of sub-section (1) would indicate that Principal Commissioner or Commissioner on receipt of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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