9911796707
TMI Blog2012 (8) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Commissioner of Income Tax -II, Amritsar. The Ld. CIT-II, Amritsar, called for report from the ITO Ward 4(1), Amritsar on the genuineness of the objects and activities of the assessee-trust. In response to the same, the ITO Ward 4(1), submitted his detail inquiry report dated 16/21-07-2010, in which he has not recommended for grant of registration under section 12AA of the act to the assessee-trust. The Ld. CIT-II, Amritsar, provided the opportunity to the assessee by fixing the hearing for 11.08.2010. In response to the same, the Authorised Representative of the assessee appeared from time to time and also filed various documentary evidence as mentioned by the Ld. CIT-II, Amritsar in para 2 (page 1) of his order. After perusing the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble or the activities of the trust are not according to the aims and objects of the trust or not genuine then the Ld. CIT-II, Amritsar, can cancel the registration granted to the assessee. He further stated that the assessee has filed all necessary required documentary evidence before the Ld. CIT-II, Amritsar, which has not been thoroughly appreciated by him. He has also filed Income Tax Return filed by the assessee for the assessment year 2011-12 alongwith rent deed and statement of account for the year ending 31.03.2011 alongwith computation of income to support his arguments. He finally requested that the assessee is entitled for grant of registration u/s 12AA of the Act and requested that the appeal filed by the assessee may be accepted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stage when the trust files its return. It is also an admitted fact that in view of sub section (3) of section12AA which empowers the Ld. CIT to cancel registration of the trust or institution, if the ld. CIT is satisfied that the activities of such trust or institution are not genuine or not carried out in accordance with the aims and objects of the trust or institution. This view is supported by the decision of the Hon'ble Punjab & Haryana High Court in the case of Commissioner of Income Tax vs. Surya Educational & Charitable Trust 203 Taxman 53 (P&H). The Hon'ble Allahabad High Court (Lucknow Bench) in the case of Commissioner of Income Tax vs. Lucknow Education and Social Welfare Society [2012] 340 ITR 86 has also held that the tests fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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