9911796707
TMI Blog2010 (8) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated 27-11-2007 of the ld. Commissioner of Income-tax, Valsad , raises the following grounds: - 1 The learned CIT has not given adequate opportunity of hearing to the assessee and therefore the order is bad in law, ab initio. 2 The learned CIT has erred in law and on facts in rejecting the application of the assessee made u/s 12A of the Income-tax Act, 1961 for registration of the Trus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d application for registration on the ground that the objects and activities of the trust were for a particular community i.e jain swetamber and were not charitable in nature 3. The assessee trust is now in appeal before us against the aforesaid findings of the ld. CIT. At the outset, the ld. AR on behalf of the trust submitted that section 12AA of the Act does not preclude registration of a tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2AA of the Act, while examining the application of the assessee filed under s. 12A of the Act, the CIT has to satisfy himself regarding objects of the trust and the genuineness of its activities after making necessary enquiries ,if considered necessary. In the instant case, the ld. CIT declined registration on the ground that objects of the trust are not charitable. The ld. CIT has not specified a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from a specific individual or person. It was also held that the section of the community sought to be benefited must be sufficiently defined and identifiable by some common quality of a public or impersonal nature. In view of the foregoing, we find merit in the undisputed contentions of the ld. AR on behalf of the trust and accordingly, restore the matter to the file of the ld. CIT with the direct ..... X X X X Extracts X X X X X X X X Extracts X X X X
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