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TMI Blog2023 (3) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... s observed that the aims and objectives are restrictive in nature which is very strange incorrect observation. As per clause 3 of MOA the AIMS & OBJECTIVES of society are :- (i) The society aims at welfare of citizen of Balluana irrespective of caste, creed or religion. (ii) The society undertakes the development & maintenance of the Gurudwara Sahib situated at Balluana. The society will maintain, repair, and expand the Gurudwara Sahib for all type religious, charitable purposes. 4. The society may adopt diversified measures of the following lines for achievements of the above-mentioned aims. a) To establish its branch at desired places. b) To-adopt any institution. c) to open school, reading rooms, dispensary, organize cultural shows audiovisual shows or any other such activities etc etc as per clause (d, e & f). It has been mentioned para 2 that "The Society undertakes the development & maintenance of the Gurudwara Sahib situated at Balluana. The society will maintain, repair and expand the Gurudwara Sahib for all types of Religious Charitable Purpose." These activities are covered by charitable purpose as the society has filed copy of income and expenditure account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the application for registration has observed as under: "On perusal of the submissions of the company, the additional queries were raised which was sent to the applicant on 06.09.2019 and the date was fixed on 12.09.2019 to submit the reply and the queries are reproduced as under:- "1. Please provide the certified copy of MoA. 1. It is noticed that regular withdrawal are being done from bank account in the name of Sadhu Singh, Please explain the relationship of Sadhu Singh with the Society. 2. You have shown lease income in your financial statement. Please furnish the lease agreement for the same in English translation." 7. In response to the additional queries raised, the applicant submitted the response to the additional queries. On perusal of the submission it was observed that the applicant society has not submitted the certified copy of memorandum of association and bye-laws which the applicant has submitted in the office of registrar of societies and firms/Joint stock Companies. In the absence of which the genuineness of activities of the society can be corroborated with the stated aims and objects the genuineness of the activities. Besides this, the constitution o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded for the appellant, however, a written submission has been filed with a request to decide the appeal considering the written submission contending therein that details have been prescribed in the statement of facts and grounds of appeal and that that the Principal Commissioner of Income Tax has granted provision registration on the basis of same set of documents. The appellant has attached the copy of form 10AC (Order for provisional registration) and pleaded that the necessary registration for the year under consideration may also be granted. 6. The Ld. DR supported the Impugned order. 7. Heard the Ld. DR at Length, perused the material on record, written submissions of the appellant and citations filed before us. The PCIT (E ) stated that the applicant society has not submitted the certified copy of memorandum of association and bye-laws as submitted in the office of registrar of societies and firms/Joint stock Companies. In the absence of which the genuineness of activities of the society can not be corroborated with the stated aims and objects and the genuineness of the activities thereof. The appellant submitted that he society undertakes the development & maintenance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted by the applicant before him. As the trust has made huge withdrawal from bank through Mr Sadhu Singh without furnishing details, it becomes clear that the funds of the trust are misused by trustee/members of the appellant trust. In our view, the applicant trust has been created an arrangement whereby it is not only laundering its income but also diverting the same in the hands of the trustee/members. Thus, the CIT(E) held that the applicant trust is not established for the purpose of charity as its activity are restrictive and not in the interest of public at large rather it is misused as an instrument in the hands of trustee/members and thus, the activities carried out by it are not genuine by any definition. 11. The assesse has merely alleged that the Learned Principal Commissioner of Income tax (Exemptions) has not considered completely the information/ evidence brought on record in correct perspectives while denying the registration u/s 12AA of the Income Tax Act, 1961. The assessee failed to file corroborative documentary evidence before the PCIT and even before us, in rebuttal to the observation of the Ld. PCIT that the activities of Applicant trust were not in consonanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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