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TMI Blog2015 (3) TMI 673X X X X Extracts X X X X X X X X Extracts X X X X ..... plication in Form 10A on 8.11.2013. The DIT(E) vide letter dated 5.3.2014 called for various informations regarding the activities of the assessee, the objects of the assessee-company, minutes and records of the company, the charitable nature of company and the details of beneficiaries. In response, the assessee company filed detailed information and explanations vide its reply letters dt. zo" March 2014, 15th April 2014 and 12th May 2014 furnishing all the information called for by the DIT(E) and clarifying among other things that the assessee company is a charitable institution formed with the sole objective of promoting quality of primary and higher education in India. The assessee also resubmitted its Memorandum of Association and Artic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... & Section 12AA which pertain to registration and the procedure for the same, there is reference to only "institution". In other words, the said term "institution" is used in singular sense. Under the circumstance and in view of such name used and also mentioned in your application, please explain as to why it should not be construed as several institutions j entities and having regard to the specific word used in Section 12A and 12AA of the Income Tax Act, 1961 how the same can be granted registration ujs 12AA of the Income Tax Act, 1961. You are requested to furnish your reply on 22.05.2014 at 11.30 AM, when your case is fixed for hearing. " 4. The assessee vide letter dt. 21.05.2014 clarified the issue and submitted that the assessee is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as part of the name of NOUN as in the English language. Further, the names of companies and organizations are usually regarded as singular regardless of their ending. 3) We pray you Honour to appreciate that the registration u/s 12A is for the legal entity. The legal entity in this case is one and only one called "Mahindra Education Institutions". Under the umbrella of the Legal Entity, there could be several colleges or educational institutions. The registration envisaged under the Income Tax law is for the legal entity and hence, the use word Institutions will not cause any conflict with section 12AA. 5. The DIT(E), however, vide letter dated 30.5.2014 rejected contentions of the assessee and refused registration sought u/s. 12AA of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... term. Thus, the name of the applicant is significant, while considering an application in Form No. lOA for registration u/s 12AA. e) The applicant should be a single entity. f) The name "Mahindra Educational Institutions" clearly indicates a cluster of such institutions i.e, several entities existing at the same time. g) As per the statutory Form No. 10A, contained in the Income Tax Rules, 1962, the applicant has to be single institution i.e, single entity and also u/s 12A & 12AA of the Act, the applicant has to be single institution or single entity. h) In view of such legal provisions, the multiple institutions, in this case, as per that name shown in the application filed in Form No. 10A, in my view, cannot be granted registration u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingle Permanent Account Number. Therefore, there is no possibility of claiming registration granted u/s. 12AA for a single entity, by different entities simultaneously. 9. Further, the DIT(E) has not expressed adverse findings against the charitable nature of the assessee-company or genuineness of its activities . 10. The learned counsel brought our attention to pages 6 and 7 of the Paper Book where all the details have been discussed threadbare by the ITO (Hq), attached to the DIT(E). We find merit in the argument of the learned counsel that once the Commissioner is satisfied about the genuineness of the activities of the trust and objects of the trust, he shall grant registration. Only if the Commissioner is not satisfied with the objec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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