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1 - 6 of 6 (0.18 seconds)Section 12A in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income Tax vs Red Rose School on 7 February, 2007
In "Red Rose School" (supra), considering the scope of inquiry by
the CIT while granting registration u/s 12A of the Act, it has been held
that Section 12AA of the Act confers power on the CIT while
considering the application for registration of a Trust, to call for such
documents or information from the Trust as he thinks necessary so as
to satisfy himself about the genuineness of the activities of the Trust
and also to make such inquiries as he may deem necessary in this
behalf and after satisfying himself about the objects of the Trust and
the genuineness of its activities, he shall pass an order in writing
registering the Trust and if he is not so satisfied, he would refuse the
registration; that Section 12AA of the Act does not speak anywhere
that the CIT, while considering the application for registration, the CIT
shall also see that the income derived by the trust is either not being
spent for charitable purposes or the trust is earning profit; that profit
earning or misuse of the income derived by the charitable institution
from its charitable activities may be a ground for refusing exemption
only with respect to that part of the income, but it cannot be taken to
be a synonym to the genuineness of the activities of the trust; and that
while considering the registration u/s 12AA, the scope of inquiry of the
CIT would be limited to the aforesaid extent. In that case, the Tribunal
was held to have rightly found that the objects of the assessee society
showed that none of the objects was against public policy and the
main activity of the society was, inter alia, to provide education to
children. It was held that in case the institution had defaulted in
depositing contributions of the Employees' Provident Fund, the Act
concerned shall take care of such default, but in no case could it be a
ground for refusal of registration.
Dream Land Educational Trust vs Commissioner Of Income Tax on 5 April, 2007
17. "Dream Land Educational Trust" (supra) (authored by one of us -
the JM) is also dealing with the scope of the inquiry by the CIT while
considering grant of registration u/s 12A of the Act. Registration was
ordered to be granted to the assessee in that case, where the
objections of the CIT were held to be irrelevant for the purposes of
grant of registration, the CIT refusing grant of registration on the
ground that the dissolution deed of the firm vide which, property was
settled on the trust, had not been registered, that no transfer deed was
executed regarding the property transferred to the trust, that the
take- over action was unilateral, that No Objection Certificate had not
been obtained from the bankers and that on dissolution of the firm, it
was left to the trustees to decide the fate of the net assets.
Commissioner Of Income Tax vs Gujarat Maritime Board on 5 December, 2007
In "Gujarat Maritime Board" (supra), it was held that where the
assessee, Gujarat Maritime Board, a statutory body engaged in the
activity of development and maintenance of ports in the State of
Gujarat, fulfilled the conditions of Section 12AA of the Act, it was
entitled to registration u/s 12A of the Act.
Section 11 in The Income Tax Act, 1961 [Entire Act]
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