TMI Blog2018 (10) TMI 733X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 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 appeal is directed at the instance of the assessee against order of ld.Director of Income-tax (Exemptions), Ahmedabad dated 6.6.2013 passed under section 12AA of the Income Tax Act, 1961. 2. Brief facts of the case are that assessee-trust has filed an application in form no.10A on 31.1.2013 for grant of registration under section 12AAof the Income Tax. The ld.DIT(Exemption) called f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord 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 very old trust, and only Copy of PTR is furnished. 4. As per I.T. Rules in form 10A close 5(1) says that certified copy of the instrument under which the trust was created/established together with the copy thereof must be enclosed with the application for registration, evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust or institution and may also make such inquiries as he may deem necessary in this behalf; and ( b) after sat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e [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 institution has been granted registration under clause (b) of sub-section (1) or has obtained registration at any time under section 12A [as it stood before its amendment by the Fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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