2012 (4) TMI 284

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..... tlement of registration - Held that:- Assessee is entitled to one more opportunity to produce the accounts before the Commissioner to establish that 95% of the income is utilized for charitable purposes during the year for which registration is sought. We, restore the matter to the Commissioner for reconsideration based on accounts and evidence produced. - ITA.No. 272 of 2010 - - - Dated:- 8-3- .....

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..... for charitable purposes. Application filed under Rule 11AA of the Income Tax Rules was rejected by the Commissioner stating that the accounts produced by the respondent along with the application do not show proof of charitable activities carried on by the respondent. What is clear from Section 80G(5) is that a Fund or Trust is entitled to registration only if it is engaged in charitable activiti .....

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..... l for the assessee contended that even if the Tribunal has not considered any details, the assessee is entitled to have the account verified by the Tribunal to verify whether the assessee is utilising 95% of it's income for charitable purposes under Section 80G(5B), failing which denial of registration is justified. After hearing both sides, we are satisfied that the assessee is entitled to one mo .....

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