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TMI Blog2014 (4) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... eived loan from the trustees that itself does not lead to any inference that the activities of the trust itself is not genuine - Provisions of section 12AA are amply clear which provides that the Commissioner of Director of Income can call such information to satisfy about the genuineness of the objects and also about the genuineness of the activities of the trust and then only he can either grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee s application for registration under section 12A. 2. Facts in brief: The assessee, which was constituted on 28th June 2010, by way of Memorandum of Association, filed an application in Form no.10A before the learned DIT(E),for getting registration under section 12A on the objects for which it has been established. These objects have been stated to be for charitable purposeS as defin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itworthiness of the said person could not be established. He noted the names of the nine person from whom the assessee has received the loan, out of which he noted that four persons were agriculturist who were not assessed to tax and have given amount of Rs. 50,000 each. Simply on this ground, he held that the assessee trust is not a genuine and its activities are also not genuine. 3. Before us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st. Hence, there is no mistake in the order of the learned DIT(E). 5. After carefully considering the rival submissions and also the impugned order, we find that nowhere the learned DIT(E) has either discussed the objects of the trust and the purpose for which the trust or the institution has been established. Simply noting the fact that the trust has received loan from the trustees that itself ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case, we feel that the matter should be restored to the file of the learned DIT(E) and, accordingly, we set aside the impugned order passed by the learned DIT(E) and restore the issue back to his file and direct him to examine the issue of registration under section 12A afresh, after considering the objects of the trust and also the genuineness of its activities and after giving due and effective ..... X X X X Extracts X X X X X X X X Extracts X X X X
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