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| The Tax Publishers2021 TaxPub(DT) 4682 (Asr-Trib) : (2022) 192 ITD 0333 INCOME TAX ACT, 1961
Section 12AA
At the stage of granting registration under section 12AA, CIT(E) has to examine genuineness of the objects only and no genuineness of activities. Even without any activity having been undertaken by trust, it is entitled to be considered for registration under section 12AA if it is having charitable objects.
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Charitable trust - Registration under section 12AA - CIT(E) doubted genuineness of activites of assessee -
Assessee-society filed application seeking registration under section 12AA. CIT(E) rejected assessee's application on the ground that activities of assessee were not charitable in nature. Held: At the stage of granting registration under section 12AA CIT(E) has to examine genuineness of the objects only and no genuineness of activities. Even without any activity having been undertaken by trust, it is entitled to be considered for registration under section 12AA if it is having charitable objects. Accordingly, CIT(E) was directed to decide expeditiously, the application, filed for registration under section 12AA, afresh after verifyig as to whether objectives of assessee trust were charitable in nature.
Relied on:Ananda Social & Education Trust v. CIT (2020) 114 Taxmann.com 603 (SC) : 2020 TaxPub(DT) 1340 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
IN THE ITAT, AMRITSAR BENCH
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