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2018 (10) TMI 733

egistration. - Held that:- The case of the assessee was that it was very old trust and only copy of PTR is available. Now trust deed has been executed, therefore, whether activities of the trust are genuine or not required to be examined afresh. We set aside order of the ld.DIT and restore this issue to his file for adjudication of the application submitted by the assessee in form no.10A for grant of registration under section 12AA of the Income Tax Act, 1961. - Matter remanded back. - ITA.No.2316/Ahd/2013 - Dated:- 9-10-2018 - SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER For The Assessee : Shri M.K. Patel, AR For The Revenue : Shri M.S.A.Khan, CIT-DR ORDER PER RAJPAL YADAV, JUDICIAL MEMBER Present appea .....

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sex. 3. The application of the assessee has been dismissed by holding that since there is no trust-deed available with the assessee, it is not entitled for grant such registration. The discussion made by the ld.DIT reads as under: 3. In this case it is seen from the application/record that there is no trust deed filed by the assessee. In response to querry letter issued on 08/02/2013, the assessee has filed the reply dated 22.02.2013 and requested for adjournment. Vide this office letter of even no. dated 06.05.2013 the trust has been granted the time up to 23.05.2013 for filing the required documents, In response to this letter the assessee trust has filed the reply on 31/05/2013 in which it is mentioned that there is no trust Deed being v .....

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emption) Vs. Dawoodi Bohra Masjid , (2018) 90 taxmann.com 312 (Guj) registration under section 12AA was granted to the assessee even by not making available the trust deed to the ld.DIT. The ld.DR on the other hand relied upon the order of ld.DIT. 5. We have considered rival contentions and gone through the record carefully. Section 12AA provides for mechanism for grant of registration under section 12AA of the Income Tax Act. The relevant part of the section reads as under: Section 12AA 12AA. (1) The [Principal Commissioner or] Commissioner, on receipt of an application for registration of a trust or institution made under clause (a) [or clause (aa) of sub-section (1)] of section 12A, shall- (a) call for such documents or information from .....

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se (b) of sub-section (1) [or has obtained registration at any time under section 12A [as it stood before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)]] and subsequently the [Principal Commissioner or] Commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case may be, he shall pass an order in writing cancelling the registration of such trust or institution: Provided that no order under this sub-section shall be passed unless such trust or institution has been given a reasonable opportunity of being heard.] [(4) Without prejudice to the provisions of sub-section (3), where a trust or an institut .....

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