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TMI Blog2010 (11) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent-assessee trust established a trust by way of trust deed dated January 23, 2008. The assessee sought for registration under section 12A an October 31, 2008. The assessee was called upon to furnish certain details and after seeking certain time ultimately on December 9, 2008, details were furnished. Further details also came to be given on January 8, 2009. On March 16, 2009, a show-c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st v. Director of IT (Exemptions) [2006] 285 ITR 327 (Karn) held that depending upon the facts and circumstances, the concerned authority has to look to the objects and also the activities of the trust in order to consider the application for registration under section 12A of the Act and accordingly allowed the appeal by order dated November 20, 2009, and directed the Director of Income-tax (Exemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned authorities seems to be that there was no activity which could be termed as charitable as per the details furnished by the assessee, therefore, such registration could not be granted. When the trust itself was formed in January, 2008, with the money available with the trust, one cannot expect them to do activity of charity immediately and because of that situation the authority cannot come ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h later than the formation of the trust or after expiry of the earlier registration granted in favour of the trust. Therefore, in a case of this nature where the trust has approached the authority for registration under section 12A within a span of eight months of its formation, the abovementioned criteria, namely, the objects of the trust for which it was formed will have to be examined to be sat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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