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2015 (1) TMI 872 - HC - Income TaxRegistration under Section 12AA - whether granted to the trust with both charitable and religious objects on application of Section 11(1)(a) - Held that - It is not denied by the assessee that on the date of the application under Section 12AA, it was yet to commence its operation. But nevertheless the genuineness of the objects of the trust were not questioned.Revenue would not be justified in refusing the grant of registration at the threshold. See CIT V. Arulmighu Sri Kamatchi Amman Trust (2012 (2) TMI 159 - MADRAS HIGH COURT ) - Decided in favour of assessee.
Issues:
1. Interpretation of Section 12AA for granting registration to a trust with charitable and religious objects. Analysis: The High Court of Madras addressed the issue of whether registration under Section 12AA can be granted to a trust with both charitable and religious objects based on the application of Section 11(1)(a). The Revenue filed an appeal against the order of the Income Tax Appellate Tribunal, questioning the Tribunal's decision. The Court referred to a previous decision and emphasized that Section 12AA does not require the trust to have commenced its activities at the time of application for registration. The Commissioner has the authority to cancel registration if the trust is not carrying out its activities in accordance with its objects. The Court highlighted that the genuineness of the trust's objects is crucial for registration, and the Commissioner's scrutiny under Section 12AA(3) is essential for the continuation of registration. The Court also cited a decision of the Gujarat High Court for support. In a subsequent case, the Court, with one of the same judges, reaffirmed the view and decision taken in the previous case, thereby maintaining consistency in the interpretation and application of the law. Based on the precedent set by the earlier decisions, the Court dismissed the Tax Case (Appeal) filed by the Revenue, answering the question of law against the Revenue. The Court concluded that the Revenue was not justified in refusing registration to the trust at the threshold, and no costs were awarded in this matter.
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