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TMI Blog2019 (1) TMI 1526X X X X Extracts X X X X X X X X Extracts X X X X ..... ner of Income Tax (Exemptions) has erred on facts and in law in registering the Appellant under Section 12AA read with Section 12A of Income-tax Act, 1961 ("Act") as a specific category, i.e. 'General Public Utility'. 2. That the Commissioner of Income Tax (Exemptions) has erred on facts and in law in not granting registration under Section 12AA of the Act at an entity level for the Appellant. 3. That the Commissioner of Income Tax (Exemptions) erred on facts and in law in not considering all the objectives of the Appellant such as education, medical relief, etc." 3. At the time of hearing before us, it is stated by the learned counsel that learned CIT(Exemptions) passed the order u/s 12AA directing the registration of the trust as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n (1)] of section 12A, shall- (a) call for such documents or information from the trust or institution as he things 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 satisfying 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 app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sonable 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 Finance (No.2) Act, 1996 (33 of 1996)] 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 suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity, unless - (i) such activity is undertaken in the course of actual carrying out of such advancement of any other object of general public utility; and (ii) the aggregate receipts from such activity or activities during the previous year, do not exceed twenty per cent of the total receipts, of the trust or institution undertaking such activity or activities, of that previous year;]]." 7. It is for the Assessing Officer to examine every year after considering the activities of the trust whether they fall within any of the above clauses of charitable ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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