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1 - 4 of 4 (0.36 seconds)The Commissioner Of Income Tax vs B.K.K.Memorial Trust on 16 October, 2012
If the
ld. Commissioner of Income-tax is subsequently not satisfied with the
activities of the trust or institution that they are not genuine or are not
being carried out in accordance with the objects of the trust or institution,
as the case may be, he shall pass an order in writing cancelling such
registration of the trust or institution. Meaning thereby that at the time of
grant of registration under section 12AA of the Act, the ld. Commissioner of
Income-tax is only required to examine the objects of the society or trust.
If it is charitable and no other activity is noticed wherefrom an inference
can be drawn that the assessee is engaged in any other activity except
charitable, registration under section 12AA of the Act should not be denied.
This aspect was examined by the Hon'ble Punjab & Haryana High Court in
the case of CIT vs. B.K.K. Memorial Trust (supra) in which their Lordships
have categorically held that section 12AA of the Act requires satisfaction in
respect of genuineness of the activities of the trust which includes the
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Commissioner Of Income ... vs Bayath Kutchhi Dasha Oswal Jain Mahajan ... on 22 August, 2016
In the case of CIT vs. Kutchi Dasa Oswal Moto Pariwar Ambama
Trust (supra), their Lordships of the Hon'ble Gujarat High Court have held
that under section 12AA of the Act, the ld. Commissioner of Income-tax has
to satisfy himself about the objects of the trust and the genuineness of the
activities. For such purpose, he has the power to call for such documents
or information from the trust as he think are necessary. However, this does
not mean that if the activities of the trust have not commenced, the ld.
Commissioner of Income-tax has authority to reject its application for
registration on the ground that the trust failed to convince him about the
genuineness of the activities. That is what unfortunately the ld.
Commissioner of Income-tax did in the present case. The Hon'ble High
Court accordingly approved the order of the Tribunal directing the ld.
Commissioner of Income-tax to grant registration under section 12AA of the
Act.
Section 12A in The Income Tax Act, 1961 [Entire Act]
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