TMI Blog2021 (8) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... rs 2017-18 and 2018-19 had escaped assessment to tax which clearly falls under the realm of the assessment . In view of the settled position of law discussed above, we are of the considered opinion that the grounds on which the ld. CIT (Exemption) had rejected the grant of registration are untenable in law. Accordingly, we direct the ld. CIT (Exemption) to grant the registration u/s. 12AA of the Act. - Decided in favour of assessee. - ITA No. 624/PUN/2020 - - - Dated:- 26-7-2021 - Inturi Rama Rao, Member (A) And Partha Sarathi Chaudhury, Member (J) For the Respondents : Deepak Garg ORDER Inturi Rama Rao, Member (A) This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Exem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igious-cum-charitable and was duly registered with the Bombay Public Trust Act, 1950. The appellant trust filed an application in Form No. 10A for grant of registration u/s. 12AA of the Act on 27.12.2019. On receipt of the said application, the CIT (Exemption) called upon the appellant to file certain information/clarification/details through ITBA Portal so as to satisfy himself about the genuineness of the activities of the trust. The appellant had complied with the said questionnaire by filing the necessary information/details etc. 5. On consideration of the information/details filed before the CIT (Exemption), the CIT (Exemption) was of the opinion that the voluntarily corpus donations received during the financial years 2017-18 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed at the time of grant of registration as held by the following decisions:- (i) Fifth Generation Education Society vs. CIT, 185 ITR 634; (ii) Shantagauri Ramniklal Trust vs. CIT, 239 ITR 528; (iii) M. Visvesvaraya Industrial Research And Development Centre vs. ITAT, 251 ITR 852; (iv) New Life in Christ Evangelistic Association vs. CIT,: 246 ITR 532; (v) N.N. Desai Charitable Trust vs. CIT, 246 ITR 452; and, (vi) CIT vs. Vijay Vargiya Vani Charitable Trust, 369 ITR 360. 8. To the same effect, the decisions of the Hon'ble M.P. High Court in the case of CIT vs. D.P.R. Charitable Trust, 61 DTR 410 (MP) and CIT vs. Divine Shiksha Samiti, 428 ITR 552 (MP) and the decision of the Hon'ble Jurisdictional Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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