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TMI Blog2012 (8) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... 12AA because the activities of the assessee-trust are genuine and purpose of the assessee-trust is charitable. CIT-II directed to grant registration to the assessee-trust - Decided in favor of appellant - I.T.A. No. 417(Asr)/2010 - - - Dated:- 7-6-2012 - SH. H.S. SIDHU, AND SH. B.P.JAIN, JJ. Appellant by:S/Sh. Padam Bahl, CA G.S. Grover, Advocate Respondent by: Sh. Amrik Chand, DR ORDER PER BENCH ; The assessee has filed the present appeal against the impugned order of Ld. Commissioner of Income Tax-II, Amritsar, dated 21/23-09-2010. 2. The assessee has filed an application under section 12A(1)(aa) in Form No.10A alongwith photocopy of Trust Deed for grant of registration under section 12AA of the Income-tax Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, the assessee-trust is not entitled for registration under section 12AA of the Act and rejected the application filed by the assessee vide impugned order dated 21/23-09-2010. 3. Aggrieved by the impugned order of the ld. CIT-II, the assessee has filed the present appeal before this Bench. At the time of hearing, the Ld. counsel for the assessee, Sh. Padam Bahl, CA, stated that the impugned order passed by the Ld. CIT-II is against the law and facts on the file and liable to be cancelled because the Ld. CIT-II, Amritsar, has exceeded his jurisdiction for examining the application of income for charitable purpose, which can be examined at the stage when the trust files its return. He further stated that if the objects of the trust a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, relied upon the order passed by the Ld. CIT-II, Amritsar. He stated that the Ld. CIT-II has passed a well reasoned order after perusing the evidence filed by the assessee and finally found that the activities of the trust are not genuine and has rightly rejected the application filed by the assessee for grant of registration. 5. We have heard both the parties and perused the relevant materials available with us. We are of the view that there is a force in the arguments advanced by the ld. counsel for the assessee because for granting registration under section 12AA by the Ld. CIT-II, Amritsar, the scope of inquiry by him is only to examine the genuineness of the objects of the trust and not application of income for charitable purpose, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the copy of audited accounts for the year ending 31.03.2010, Notes on activities of the Trust filed before Ld. CIT, letter dated 28.08.2010 filed with CIT at the time of hearing u/s 12AA, coy of pamphlets filed with CIT, copy of rent deed dated 13.04.2010 filed with the worthy CIT as well as other documentary evidence supporting the claim of the assessee, we are of the view that the assessee is entitled for grant of registration under section 12AA of the Act. In view of the above discussions, we cancel the impugned order passed by the Ld. CIT-II, Amritsar and direct him to grant registration to the assesseetrust without any further delay. 6. In the result, the appeal filed by the assessee in ITA No.417(Asr)/2010 is allowed. Order pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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