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The Tax Publishers2020 TaxPub(DT) 1626 (P&H-HC) : (2020) 315 CTR 0923 : (2020) 275 TAXMAN 0575 INCOME TAX ACT, 1961
Section 12AA
Since it was evident that assessee society was engaged in maintenance of Mandir and there was no allegation that Corpus fund or the surplus accumulated funds were being used for purpose other than aims and objects of assessee-society, thus Tribunal rightly allowed registration under section 12AA to assessee.
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Charitable trusts - Registration under section 12AA - Assessee-society engaged in maintainance of temple -
Issue arose as to whether Tribunal was correct in ignoring fact that assessee society had sought registration under section 12AA after 34 years of its operation whereas no cogent reason for the application not having been made for the last 34 years was submitted to revenue department. Held: It was evident that assessee society was engaged in maintenance of Mandir. There is no allegation that Corpus fund or the surplus accumulated funds were being used for purpose other than aims and objects of assessee-society. Corpus as well as accumulated surplus as claimed was used for maintenance and development of Mandir which was a religious place visited by devotees and open to all. There is nothing on record to show that assessee was not working for achieving its aims and objects or that the accumulated funds were used for purposes other than aims and objects. Thus, no substantial question of law arose.
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
IN THE PUNJAB & HARYANA HIGH COURT
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