TMI Blog2024 (3) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... ding of the Hon ble Apex Court that section 13(1)(b) would apply only at the time of grant of exemption under section 11, and not at the time of grant of registration u/s 12A of the Act. Our view is further supported by the decision of CIT Vs. Bayath Kutchhi Dasa Oswal Jain Mahajan Trust [ 2016 (9) TMI 8 - GUJARAT HIGH COURT ] wherein on the issue of denial of grant of registration u/s 12A of the Act by invoking section 13(1)(b) of the Act, it was categorically held that the provisions of section 13 would be attracted only at the time of assessment and not at the time of grant of registration. We find that the CIT(Exemption) notes that otherwise the objects are charitable in nature except for the aforestated object. As per section 13(1)(b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T(Exemption) for short] dated 29.12.2022, rejecting the application filed by the assessee in Form No.10AB for registration u/s 12AB of the Income-tax Act, 1961 [hereinafter referred to as the Act for short]. 2. The assessee has raised the following grounds: 1 (a) The Order of CIT (Exemption) dated 29-12-2022 rejecting approval of Registration u/s. 12AB is bad in Law and Void since it has not been passed within 15 days of Last Hearing dated 30-11-2022. (b) Your Appellant submits that in view of binding Circular of Central Board of Direct Taxes bearing No.279/Misc 53/2003-ITJ dated 19-6-2015 and Instruction bearing No. 20/2003 dated 23/12 / 2003 the CIT (Exemption) was duty bound to pass order within 15 days which he has failed and therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) vs. Swami Omkaramdas Charitable Trust (2023) 150 taxmann.com 428 (Allahabad) and also of Supreme Court in the case of CIT vs. Excel Industries Ltd. 358 ITR P. 295 and submits that in view of Principle of consistency which is fully applicable to the Appellants case the order of Commissioner rejecting u/s 80G(5) be cancelled and the Appellant be granted Renewal Registration u/s 80G(5) as per Law. 4. In view of above facts and circumstances, your Appellant submits that the order of CIT(E) under Appeal rejecting Registration u/s. 12AB be cancelled and he be directed to grant Exemption u/s. 80G as per Law, keeping in mind facts of the case and provisions of Law. 3. The brief facts of the case are that the assessee had filed an application seek ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion u/s 12A of the Act. 4. We have gone through the order of the ld. CIT(Exemption) and noted that the application filed by the assessee in Form No.10AB for registration u/s. 12AB of the Act was rejected by him finding that the objects of the assessee were for the benefit of a particular religious community or caste i.e. Muslims . While taking this view, he derives support from the decision of the Hon ble Apex Court in the case of CIT Vs. Dawoodi Bohara Jamat, 43 taxmann.com 243. 5. We have gone through the decision of Hon ble Apex Court in the case of Dawoodi Bohara Jamat (supra) and we find that the ld. CIT(Exemption) has totally mis-appreciated the decision rendered by the Hon ble Apex Court in the said case. The Hon ble Apex Court, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticular community, but it objects are otherwise charitable, is a valid trust for the purpose of grant of registration. 7. The ld.CIT(Exemption), in the present case, we find, has only picked a portion of the order of the Hon ble Apex Court, wherein it has been held that the provisions of section 13(1)(b) of the Act would be applicable to a trust with mixed objects i.e. both charitable and religious. But he has failed to take note of the finding of the Hon ble Apex Court that section 13(1)(b) would apply only at the time of grant of exemption under section 11, and not at the time of grant of registration under section 12A of the Act. 8. Our view is further supported by the decision of the Hon ble jurisdictional High Court in the case of CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Hospitals, Dispensaries etc. And for that accommodating fixed assets and to manage the same thereby. And to do every kind of charitable activities. 4. To make necessary arrangements for accommodation of poor people. 5. To help the Blind, Weak, Feverish people and those poor people who cannot run their lives. 6. To give Scholarships to Muslims Students for their studies and do make provisions so as they can get the religious education. 7. To give medical assistance in the events of requirement irrespective of caste and creed and to organise medical camps. 8. To help the poor, unhappy, orphan and economical poor classes and to help in burial and funerals 9. Cottage Industries, Rural Industries, Women Industries and to run each such activiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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