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| The Tax Publishers2020 TaxPub(DT) 3692 (Jp-Trib) INCOME TAX ACT, 1961
Section 12AA(1)(b)
Application for registration under section 12AA was filed by the assessee -trust on 12-1-2019. Therefore, in such circumstances, amended rule 17A was applicable and insistence by CIT(E) for original documents of the instruments was contrary to the specific provisions of law and rules.
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Charitable trust - Registration under section 12AA - Denial for want of original instrument establishing trust -
Assessee sought for registration under section 12AA along with copy of MOA notorized by Notary Officer. However, CIT(E) rejected assessee's application on the ground that as per rule 17A read with section 12AA(1)(b), the certified copy of the instrument establishing trust was to be verified with originals. Held: Application for registration under section 12AA was filed by the assessee -trust on 12-1-2019. Therefore, in such circumstances, amended rule 17A was applicable as per which by assessee was nowhere required to furnish original documents. On the contrary self-attested as well as self certified copy of each and every documents/instruments was sufficient for seeking registration. Therefore, insistence by CIT(E) for original documents of the instruments was contrary to the specific provisions of law and rules and issue was restored to CIT(E) for afresh examination.
Relied:CIT(E) v. Arihant Charitable Trust, Pali, DBIT Appeal No. 279/2017, Order dated 14-11-2017
REFERRED :
FAVOUR : In assessee's favour (for Statistical purposes)
A.Y. :
IN THE ITAT, JAIPUR BENCH
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