9911796707
TMI Blog2015 (10) TMI 1375X X X X Extracts X X X X X X X X Extracts X X X X ..... xplanation is also placed. There is nothing more that the assessee could do, nor did the learned Commissioner ask him to do anything more than that. Yet, learned Commissioner has rejected the registration on the ground that "the range Addl. CIT and the AO have not testified the source of investment". This stand of the learned Commissioner is entirely unsustainable in law. The assessee cannot have any control on the internal functioning of the tax authorities, and his application cannot be rejected on the ground that some internal reports, which are anyway non-statutory in nature, have not been received.Under these circumstances, in our considered view, learned Commissioner did indeed err in rejecting the application-particularly as there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lateral inferences and for theoretical consideration. 2. That the objects of assessee trust being in conformity with section 2(15) of the Act and further the assessee trust fully satisfies the provisions laid down in section 12A read with section 12AA of the Act, thus the learned CIT-I, Agra has erred both in law and facts in refusing to the register it u/s 12AA of the Act moreso when he was satisfied about the charitable objects of the assessee trust and genuineness of its activities. 3. (a) That as the land and building were not owned by the assessee trust thus there was no occasion for rejecting the application moved by assessee trust in Form No.10A for grant of registration u/s 12AA of I.T. Act, 1961 merely because authorities bel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of application under section 12 AA by the learned Commissioner, and, we will, therefore, take up all these grounds of appeal together. 4. The relevant material facts are like this. The assessee trust moved an application, for registration under section 12AA, before the learned Commissioner on 7th October 2013. It appears that hearing on this application was fixed on 4th February 2014 and the assessee also filed certain documents, as requisitioned, for the perusal of learned Commissioner. Again, there were hearings on 13th February and 18th February and the hearing was concluded, on 18th February 2014, with the remarks as follows: Shri P K Sahgal, Advocate/AR, attends, furnishes further clarifications vide letter dated today. He ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TB limitation on 30.04.2014 If approved, a reminder may be sent to the Addl CIT-1, Agra, requesting him to propose a date. Draft letter is put for kind perusal, approval and signatures, please. TA OS ITO(Tech) CIT-I, Agra 17.04.2014 As directed, draft letter to the Addl CIT, R 1, Agra, regarding enquiry/report, with regard to investment in construction of building, is put up for kind approval/ directions. ITO Tech CIT I, Agra Order passed Sd/xx 30.4.14 6. Learned Commissioner then proceeded to reject the application under section 12 AA by observing as follows: The trustee of the trust were requested to attend and produce evidence in support of their claims for grant of registration u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of the trust, latest on 18th February 2014 and the learned Commissioner did not have any issues with the same. As a matter of fact, learned Commissioner was satisfied with the same and the hearing was concluded on that aspect. As regards investment of ₹ 2,19,75,931 in the construction, and acquisition of land, the assessee had duly explained the same vide letter dated 10th February 2014 and the relevant part of explanation is also placed before us at page 23 of the compilation of papers. It was categorically stated that this investment was made by Mr Krishan Kalra and his income tax details were also placed on record. There is nothing more that the assessee could do, nor did the learned Commissioner ask him to do anything more than ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
