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TMI Blog2013 (11) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... llate Tribunal, Rajkot Bench, Rajkot (hereinafter referred to as the ITAT ) dated 21/06/2013 in ITA No. 45/Rjt/2013 by which the ITAT has allowed the said appeal preferred by the assessee and has quashed and set aside the order passed by the CIT, Rajkot dated 10/12/2012 rejecting the application dated 12/07/2012 of the assessee for registration under Section 12A of the Income Tax Act, 1961. 2. The facts leading to the present appeal in nutshell are as under; 2.1. The assessee-trust made an application for registration under Section 12A of the Income Tax Act in prescribed Form No. 10A. The said application was accompanied with the xerox copies of the Memorandum of Association and Articles of Association of the foundation and registratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and they have not been given any extraordinary brilliant students. The CIT observing that since no other major activities have been carried out by the assessee-trust/foundation, he is not satisfied with the genuineness of the foundation and accordingly rejected the application of the assessee. 3.1. Being aggrieved and dissatisfied with the order passed by the CIT rejecting the application of the assessee for registration under Section 12A of the Income Tax Act, the assessee-trust/foundation preferred appeal before the ITAT. The ITAT vide impugned judgment and order has allowed the appeal quashing and setting aside the order passed by the CIT rejecting the application for registration under Section 12A of the Income Tax Act and directing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the ITAT has committed any error and/or illegality in allowing the appeal directing to grant the registration under Section 12A of the Income Tax Act to the assesseetrust/ foundation. While passing the impugned order, the tribunal in paragraph no. 5 has observed and held as under; Having heard both sides, we have carefully gone through the orders of the authorities below. It is pertinent to note that as per Memorandum of Association and Articles of Association, the foundation is registered under Section 25 of the Companies Act under registration certificate dated 06/06/2012. The total donation received by the assessee-trust is only Rs.7103/-. The total amount given as donation/scholarship to girl students is about Rs.4000/-. Lookin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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