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2015 (9) TMI 1650 - HC - Income TaxApplication u/s 12AA rejected - Tribunal held that on the grounds indicated as the application could not be rejected directed for grant of registration under section 12A - HELD THAT - If the assessment made and the reasons given by the learned competent authority in the order passed rejecting the application under section 12AA(1) of the Income Tax Act is perused we find that the application has been rejected on merits after considering various transactions and activities of the Trust in question and not based on the activities of the Trust. That being so the Tribunal has not committed any error in applying the law laid down in the case of DPR Charitable Trust (2011 (8) TMI 1136 - MADHYA PRADESH HIGH COURT . No substantial question of law arises for consideration in this appeal.
Issues:
1. Tenability of the order passed by the Income Tax Appellate Tribunal under section 260-A of the Income Tax Act, 1961. 2. Rejection of application under section 12AA of the Income Tax Act. 3. Applicability of the law laid down in the case of Commissioner of Income Tax Vs. DPR Charitable Trust. 4. Examination of the application for registration under sections 12A and 12AA. 5. Consideration of the rejection of the application under section 12AA(1) of the Income Tax Act. Analysis: 1. The High Court dealt with the revenue appeal questioning the tenability of the order passed by the Income Tax Appellate Tribunal. The Tribunal had initially rejected the application under section 12AA of the Income Tax Act, which was filed by the respondent/applicant. However, on appeal, the Tribunal directed for the grant of registration under section 12A based on the law laid down in the case of Commissioner of Income Tax Vs. DPR Charitable Trust. 2. The rejection of the application under section 12AA was a key issue in this case. The High Court noted that the rejection was based on various financial aspects, including examining the cash book and payment particulars of the assessee. Despite arguments against the applicability of the law from the appellant's counsel, the Court found that the rejection was not based on the activities of the Trust but on the transactions and activities of the Trust in question. 3. The Court extensively discussed the law laid down in the case of Commissioner of Income Tax Vs. DPR Charitable Trust. It emphasized that while considering the application for registration under sections 12A and 12AA, the assessing authority must ensure compliance with the prescribed forms and examine the charitable nature of the trust's objects. The Court highlighted that the CIT's focus should be on the genuineness of the trust's activities in line with its objectives, rather than the application of income. 4. In analyzing the application for registration under sections 12A and 12AA, the Court reiterated the importance of proper form submission and charitable objectives evaluation. It referenced decisions from other High Courts to support its interpretation of the legislative requirements for registration. The Court clarified that the CIT's role is not to delve into the income application at the registration stage but to verify compliance with statutory provisions. 5. Lastly, the Court concluded that the Tribunal did not err in applying the law from the DPR Charitable Trust case. It found no substantial question of law arising for consideration in the appeal and consequently dismissed the appeal. The judgment emphasized the importance of adhering to the statutory requirements for registration under the Income Tax Act.
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