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TMI Blog2012 (10) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... e put on par with lack of genuineness of the Society - decided in favour of assessee. - ITA No. 182/2011 - - - Dated:- 10-7-2012 - D.V. Shylendra Kumar and B. Manohar, JJ M.V. Seshachala and K.V. Arvind, Advs. for the Appellant Parthasarathi, Adv. for the Respondent JUDGEMENT 1. Appeal by the Revenue under Section 260-A of the Income Tax Act, 1961 (the 'Act' for short). The Revenue is aggrieved by the order dated 28.1.2011 passed by the Appellate Tribunal allowing the appeal of the assessee and directing the Registering Authority to grant registration to the assessee under the provisions of Section 12-A of the Act which had been denied by the Registering Authority in terms of the order dated 26-7-2002. 2. The asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed any reasons in the order to reject the registration under Section 12-A of the Act. 6. This order had been made subject matter of the appeal before the Appellate Tribunal. The Tribunal had occasion to go into various contentions urged by the appellant-assessee and in terms of its order found that the reasons for rejection was not one justifying refusal to register under Section 12-A of the Act; that the shortcomings noticed by the Registering Authority was more in the nature of irregularities, which did not amount to illegality in the manner of conduct of the affairs of the Society and therefore thought it fit that denial of registration was not justified and accordingly allowed the appeal and reversed the order of the Registering Autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overed by the earlier judgment of this Court rendered in the case of DIRECTOR OF INCOME TAX v/s GARDEN CITY EDUCATIONAL TRUST reported in (2009) 28 CTR (Kar) 139 and contended that the observations as contained in paragraph 17 of the judgment applies to the present situation. Paragraph 17 reads as under: It is not the finding of the CIT that the applicant-assessee had not complied with any of the procedural requirements. The Tribunal is fully justified in observing that the manner of application of funds and as to whether the applicant-assessee can claim the benefit of exemption in terms of ss. 11 and 12 is a question which has to be examined by the AO at the stage when it is urged and not by the CIT when such question is not before the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner before the 1st day of July, 1973, or before the expiry of a period of one year from the date of the creation of the trust or the establishment of the institution, [whichever is later and such trust or institution is registered under section 12AA] Section 12AA reads as under:- 12AA. (1) The Commissioner, on receipt of an application for registration of a trust or institution made under clause (a) [or clause (aa) of sub-section (1) of section 12A, shall:- (a) call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust or institution and may also make such inquiries as he may deem necessary in this behalf; ..... X X X X Extracts X X X X X X X X Extracts X X X X
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