TMI Blog2019 (6) TMI 1628X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act, the Ld. CIT(E) is to evaluate two requirements (i) objects of the Applicant Society (ii) genuineness of its activity which in the instant case are not in controversy, hence the Ld. CIT(E) is directed to grant the registration u/s 12AA of the Act to the Applicant Society - we clarify that the Ld. CIT(E) shall be at liberty to put condition if any found appropriate as per law and shall also be at liberty to withdraw/cancel the registration in the event of any discrepancy(s) and/or breach of any provisions of the Act in future. Appeal filed by the assessee stands allowed. - ITA No. 795/Asr/2017 - - - Dated:- 21-6-2019 - SH. N.S.SAINI, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER For the Appellant : Sh. Sudhir S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herwise acquire immovable or movable properties for the construction of the hospital building and its scientific latest equipment, to print and publish any newspapers, periodicals that the society may think desirable for the promotion of its objects and dissemination of knowledge and information, all the expenditure of the society shall be met from the donations of the members/pa Irons/Government grants and such other donors, to do all other lawful things as are incidental or conducive or may be necessary in the interests of the society or of the above objectives of the society directly or indirectly. 2.1 The applicant society had applied for registration u/s 12AA of the Act on dated 28/04/2017 before the Ld. CIT(E) who while fixing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est been received for adjournment till the date of passing of the order. The onus entirely lies on the applicant, this being a beneficial clause for the applicant to submit the reply to the query raised in order to substantiate its claim. In absence of any query, the genuineness of the activities cannot be established. It was further observed by the Ld. CIT(E) that in view of the above, the activities of the society cannot be termed to fall under the category of charitable purposes but purely on commercial principles having profit motives by providing services in lieu of collection of fees. 5. On the contrary, it was submitted by the Ld. AR Sh. Sudhir Sehgal that the Worthy CIT(E) raised the query vide questionnaire dated 13/10/2017 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; working as 'Training Partner' of the PMKVY-NSDC. iii. Narration of entries in the Bank Account in excess of ₹ 50,000/- .Rational for payment to Sh. Umesh Sharma. During the initial months for imparting education, various expenses were required in form of purchase of furniture and fixtures and other administrative expenses. So interest free advance was taken from Sh. Umesh Sharma, Secretary of the society to meet running expenses. As the society got its income, the same was returned back to him. The detailed chart showing receipt and payments of entries exceeding ₹ 50000 is enclosed herewith for your kind pursuance. 5.1 On perusal of the reply of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aised vide e-mail dated 13/10/2017, therefore observation of the Ld. CIT(E) to the effect that ' neither any reply has been submitted to the query raised nor any request been received for adjournment till the date of passing of the order' is contrary to the fact and material available on record. It is a fact that the Ld. CIT(E) nowhere in the order has neither pointed out any defect in aims and objects of the society nor doubted the genuineness of the activity specifically. Therefore, we do not any hesitation to hold that the Applicant Society is carrying out its activity according to its aims and objects specified in the MOA. As it is settled law that before deciding application u/s 12AA of the Act, the Ld. CIT(E) is to evaluat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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