activities
has been found to be non-genuine, the approval granted to assessee
Trust needs to be withdrawn.
8. Another important issue which has been ... that such kind of non-genuine
activities are clearly borne out from the material on record and
therefore, such non-genuine activities entails cancellation
assessee-trust are non-genuine or it has commenced any
activities which are not in accordance with objects of the trust. A
perusal of impugned ... effect that if amended objects of the trusts are not non-genuine
and charitable in nature, then mere failure on the part of the
assessee
activities of the Trust are not genuine or
are not being carried out in accordance with the
objects of the Trust and neither of these ... becomes non-genuine for the purpose of
Sec.11 and therefore, the registration allowed to the
appellant was cancelled /withdrawn as non-
charitable trust
Trust were not genuine and
were not being conducted in accordance with the objects of the
Trust and therefore, the Trust had lost the status ... stated to be non-genuine.
(ii) It was noted that purpose of acquiring land was for
expanding educational activities of the Trust. The payment
that assessee-
trust is directly hit by proviso to section 2(15) introduced w.e.f. AY 2009-
10. The assessee-trust/Institution once looses ... held to be
for charitable purpose and it became non-genuine for the purpose of section
11 and looses its charitable status and accordingly cancelled
right in holding that the
donations received by the respondent-
assessee-Trust would be its exempt income
from tax, if the assessee had satisfied ... view of the Assessing
Officer and CIT [A] that such donations
were non-genuine ?"
[Akil Kureshi, J.]
[B.N Karia, J.]
Prakash
Page
right in holding that the
donations received by the respondent-
assessee-Trust would be its exempt income
from tax, if the assessee had satisfied ... view of the Assessing
Officer and CIT [A] that such donations
were non-genuine ?"
[Akil Kureshi, J.]
[B.N Karia, J.]
Prakash
Page
answered, but that should not make the entire deposits
as non-genuine. The ld. A.R. of the assessee further stated that in most ... cases, parties have agreed that they have given donation to the
assessee-trust and, therefore, those donations should be acknowledged.
The Assessing Officer
Shree Global Tradefin Ltd, Mumbai vs Dcit Cen Cir 5(1), Mumbai on 15 October
The Commissioner Of Income Tax vs M. S. Aggarwal on 23 April, 2018
Author: Sanjiv
