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TMI Blog2016 (3) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... ication of the same within India. In the case before us, we find that assessee is not carrying on the charitable activity of imparting education, but is only holding education summits to facilitate and help people in pursuing higher education by identifying foreign and Indian institutes etc. Therefore, we find that assessee is also not carrying on the charitable activity as required under section 2(15) of the I.T. Act. Therefore, we do not see any reason to interfere with the order of the CIT(E) denying the registration under section 12AA of the I.T. Act. - Decided against assessee - ITA.No.960/Hyd/2015 - - - Dated:- 10-2-2016 - SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER For The Assessee : M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... activity of holding various educational summits in association with Indus Foundation Inc. USA. foreign programme partner, with which it has also entered into two MOUs dated 28.05.2010. On perusal of both the MOUs, the CIT(E) noticed that the MOU is signed by Mr. S.B. Anumolu, as President of the Indus Foundation Inc. who is also the Managing Trustee of the assessee trust and the second MOU is signed by John Bolton, CEO of the Indus Foundation Inc. and on behalf of the assessee trust it is signed by Mr. S.B. Anumolu as the Authorised Representative of the Indus Foundation Inc. He observed that the Managing Trustee Mr. S.B. Anumolu is also holding an important position in the foreign partner i.e., Indus Foundation Inc. USA. He observed that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... participating in such educational summits hosted by the assessee trust in India. Thus, the CIT(E) observed that the activities of the assessee are both in India as well as outside India and therefore, the assessee is not eligible for registration under section 12AA of the I.T. Act. Further, he also noticed that the objects of the assessee include charitable as well as non-charitable activities. Therefore, he rejected the assessee s application for registration under section 12AA of the I.T. Act against which, the assessee is in appeal before us. 3. The Ld. Counsel for the assessee reiterated the submissions made by the assessee before the authorities below and submitted that the main object of the assessee was to help the people in purs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Media Practices vs. DIT(E), Mumbai (2015) 56 taxmann.com 118 (Mumbai Trib.). Thus, according to the Ld. Counsel for the assessee, the CIT(E) has denied the registration erroneously. 4. The Ld. D.R., on the other hand, drew our attention to various clauses of objects of the trust deed, to demonstrate that assessee intends to carry on the activities both in India as well as outside India and that there is no limitation on the utilisation of funds outside India. Thus, according to him, the CIT(E) has properly appreciated the facts in rejecting assessee s application for registration under section 12AA of the I.T. Act. He also tried to distinguish the case law relied upon by the Ld. Counsel for the assessee. 5. Having regard to the riva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see therein, was eligible for registration under section 12AA of the I.T. Act. In the case before us, we find that there is no such clause in the trust deed but in fact, the trust deed provides for application of funds to the activities mentioned in both the main as well as the subsidiary or ancillary or incidental objects of the Trust. Therefore, the said decision is not applicable to the facts of the case before us. The other judgment relied upon by the Ld. Counsel for the assessee is only to the effect that the assessee can carry on both charitable as well as noncharitable activities and the DIT(E)/CIT(E) at the time of grant of registration under section 12AA of the Act cannot step into the shoes of the A.O. to examine whether assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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