TMI Blog2022 (4) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... the reason for denying registration U/s. 12AA of the Act. At the same time, on examining the aims and objects of the assessee s Trust which was created in order to eradicate extreme hunger and poverty, infrastructure development, ensuring environmental sustainability, drinking water facility, healthcare, community development, skill development etc., in India and abroad which certainly falls under charitable activity under section 2 clause (15). The Ld. CIT(E) was only required to firstly find out whether the Trust has been established for charitable activities and whether its activities are genuine for grant of registration u/s. 12AA. In the present case on hand, the Ld. CIT(E) has rejected registration U/s. 12AA of the Act on the grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12AA(1)(b)(ii) of the Income Tax Act, 1961 dated 26/09/2019. 2. The assessee has raised the following grounds of appeal: 1. The Ld. CIT(E), Hyderabad has erred both in law and on facts in rejecting the application filed by appellant in Form 10 seeking Registration U/s. 12A of the Act. 2. The Ld. CIT(E), Hyderabad ought to have properly appreciated that the appellant has fulfilled all the requirements as envisages in section 12AA of the Act, in essence and substance and as such have held that, the appellant is eligible for grant of Registration U/s. 12A of the Act. 3. The very observations, averments, grounds and adverse remarks in the impugned order at S.No. 3 to 10 and sub-points thereof along with case laws menti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illage roads, culverts, bus shelters, solar lighting etc., 3. Ensuring environmental sustainability 4. Drinking water / sanitation 5. Healthcare 6. Community Development 7. Education and Vocational Training 8. Skill Development 9. Child care and nutrition. 4. The Trust applied for grant of registration u/s. 12AA on 22/3/2019 before the Ld. CIT(Exemptions), Hyderabad. Registration U/s. 12AA was rejected on the ground that the assessee trust has been formed by the settler M/s. Apex Frozen Foods Ltd., only for the purpose of carrying out its CSR activities. While rejecting assessee s application for registration, the Ld. CIT(A) also observed that the assessee has violated the provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 12AA of the Act does not empower to reject the registration of the assessee s Trust. The Ld. AR also relied on the following case laws: (i) Escorts Skill Development vs. CIT (Exemptions), Chandigarh [2019] 108 taxmann.com 53 (Delhi-Trib.). (ii) Nanak Chand Jain Charitable Trust vs. CIT (Exemptions), Chandigarh [2018] 91 taxmann.com 197 (Delhi Trib.)] (iii) St. Mary s Medium School Society vs. CIT (Exemptions), ITA No.2060/H/2018, dated 25/02/2022 (Visakhapatnam Trib) 6. Per contra, the Ld. DR submits that the Ld. CIT (E) has rightly rejected the application of the Trust as the objects of the Trust were not charitable in nature. The Ld. DR also argued that in order to circumvent the disallowance U/s. 37(1) the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and whether its activities are genuine for grant of registration U/s. 12AA. 7.2 In the present case on hand, the Ld. CIT(E) has rejected registration U/s. 12AA of the Act on the ground that the assessee has claimed exemption U/s. 11 for the AYs 2018-19 and 2019-20 without having registration U/s. 12AA of the Act. The Ld. CIT(E) also observed that w.e.f 1/9/2019, compliance of law for the time being in force by the Trust is mandatory. In our opinion, the Ld. CIT(E) has not looked into the objectives of the society but relied on the wrong claim made in earlier years by the assessee. The procedure for registration U/s. 12AA is extracted below for reference: Procedure for registration. 12AA. (1) The Principal Commissioner or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the 1st day of June, 1999, shall stand transferred on that day to the Principal Commissioner or Commissioner and the Principal Commissioner or Commissioner may proceed with such applications under that sub-section from the stage at which they were on that day. (2) Every order granting or refusing registration under clause (b) of sub-section (1) shall be passed before the expiry of six months from the end of the month in which the application was received under clause (a) or clause (aa) or clause (ab) of sub-section (1) of section 12A. (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 amendm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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