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TMI Blog2014 (4) TMI 1046X X X X Extracts X X X X X X X X Extracts X X X X ..... 12AA of the Act, once the objects of the trust and genuineness of the activities of the trust are not questioned. In any event, the Commissioner of Income-tax has not examined the objects for which trust has been formed and whether objects are genuine and the activities of the trust are charitable or not. In the circumstances, we are of the view that this matter has to be re-examined by the Commissioner of Income-tax-I, Coimbatore afresh. Therefore, we remand the matter back to the file of the Commissioner of Income-tax - Matter remanded back - Decided in favour of assessee. - I .T.A.No.262/Mds/2014 - - - Dated:- 30-4-2014 - SHRI A.MOHAN ALANKAMONY AND SHRI CHALLA NAGENDRA PRASAD, JJ. For the Appellant : Mr. S.Sridhar, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner of Income-tax are only apprehensions that the assessee is not carrying out any charitable activities and he was of the view that it is premature to register the trust. 5. Recently the hon'ble Madras High Court in the case of DIT v. Seervi Samaj Tambaram Trust [2014] 362 ITR 199 (Mad) held as under (page 203) : In the present case also, the Revenue only questions the trust not having commenced its activity for the grant of registration. The pro vision under section 12AA of the Income-tax Act does not stipulate such a condition for grant of registration. On the other hand, section 12AA(1) contemplates satisfaction of the Commissioner about the objects of the trust and the genuineness of the activities and make ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly agree with the decision of the Gujarat High Court. 6. As could be seen from the above order, the hon'ble High Court held that commencement of activity is not a precondition for grant of registration under section 12AA of the Act, once the objects of the trust and genuineness of the activities of the trust are not questioned. In any event, the Commissioner of Income-tax has not examined the objects for which trust has been formed and whether objects are genuine and the activities of the trust are charitable or not. In the circumstances, we are of the view that this matter has to be re-examined by the Commissioner of Income-tax-I, Coimbatore afresh. Therefore, we remand the matter back to the file of the Commissioner of Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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