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TMI Blog2016 (1) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... ctivities. Keeping in view the facts and circumstances and by following the judgment of the Hon'ble Madras High Court in M/s RJBV Vasudevan Educational & Charitable Trust( 2014 (8) TMI 207 - MADRAS HIGH COURT ), we quash the order passed by the DIT(E) and grant registration u/s 12AA of the Act to the assessee-trust. - Decided in favour of assessee - I.T.A. No.1801/Mds/2013 - - - Dated:- 16-10-2015 - SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER For The Appellant : Shri T. Vasudevan, Advocate For The Respondent : Shri Joe Sebastian, CIT ORDER PER V. DURGA RAO, JUDICIAL MEMBER This appeal of the assessee is directed against the order of the Director of Income-tax(Exemptions), Chenn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... both parties and the petition filed by the assessee, we find that there was sufficient cause in not filing the appeal in time. We, therefore, condone the delay of 150 days and admit the appeal. 5. Facts in brief are that the assessee is a charitable trust and created by a trust deed dated 8.3.2012. It filed an application in Form No.10A on 21.8.2012 seeking registration u/s 12AA of the Act. The DIT(E) denied the registration u/s 12AA of the Act by observing that the assessee has failed to furnish the audited accounts and proof of activities carried on by it. He further observed that the trust has donated some books and notebooks to poor students for which no details were filed. Keeping in view the above and also taking into consideratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arships to deserving students. To distribute prizes to deserving and outstanding and meritorious students. To establish, run, assist schools, educational institutions, centers of information on education, vocational centers, learning and development in such places as deemed fit for the promotion of education with focus on Indian traditional way of learning and to assist students by way of providing scholarships, financial assistance. To impart knowledge in every faculty of education To establish, maintain, manage, run, administer old age home, home for destitute, orphanage, feeding centers, institutes for learning, educational institutions, colleges and centers for learning arts, science, engineering, any knowledge useful to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le in nature or not and genuineness of the trust. So, if both the conditions are fulfilled, the DIT(E) has to grant registration u/s 12AA of the Act. In this case, the objects of the trust show that the trust is created only for the purpose of running charities. So far as the genuineness is concerned, there is nothing on record to show that the trust is not genuine. Considering all the facts and circumstances of the case and also objects of the trust, we are of the opinion that the assessee deserves to be granted registration u/s 12AA of the Act. The Hon'ble Madras High Court in M/s RJBV Vasudevan Educational Charitable Trust(supra) has observed that while grating registration u/s 12AA, the authority has to test the nature and the act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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