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1 - 6 of 6 (0.60 seconds)Kal Shri. Mahadevrao Naykude ... vs Commissioner Of Income-Tax, ... on 21 September, 2020
In this scenario,
it was observed by the Pune Bench of the Tribunal in the case of Kai Shri
Mahadebrao Naykude Dnyanvikas Prabhodhini Trust Vs. Commissioner
of Income Tax (Exemption) (supra.) that when the objects of the trust were
not disputed by the Department, nor they have disputed genuineness of
activities of the assessee trust, then non filing of return u/s. 139(4A) of the
Act cannot be the ground to deny registration u/s.12AA of the Act to the
assessee. It is only at the assessment proceedings, the Assessing Officer can
take appropriate steps as per law regarding the non filing of return. However,
at the time of granting registration, the object of the assessee trust has to be
looked into and genuineness of the activities of the assessee trust should be
considered.
Commissioner Of Income Tax ... vs Manekji Mota Charitable Trust on 3 June, 2020
12. Further, the Hon‟ble Bombay High Court in the case of CIT Vs.
Manekji Mota Charitable Trust (supra.) has held "at the time of the
registration of the trust u/s.12A, the question of application of income of the
trust is premature." Thus, whether taxes are due to be paid on any income
received that issue has to be looked into only at the time of assessment
proceeding.
M/S. Ananda Social And Educational ... vs The Commissioner Of Income Tax on 19 February, 2020
10. The Hon‟ble Supreme Court in the case of Anand Social and
Educational Trust Vs. CIT (supra.) has held that even in the absence of any
activities a trust can be considered for registration u/s.12AA of the Act and
the term „activities‟ contemplated u/s.12AA of the Act includes „proposed
activities‟. At the time of granting registration, the only issue to be examined
by the Ld. CIT(Exemption) is regarding the true nature of the objects of the
trust i.e. whether charitable or not.
The Bombay Public Trusts Act, 1950
Section 12A in The Income Tax Act, 1961 [Entire Act]
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