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TMI Blog2016 (7) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the objects mentioned in the trust deed are not charitable or non genuine. Entire factual & legal position examined by the ITAT and only after being satisfied about the genuineness of the objects and activities of the assessee trust, granted the application for registration preferred by the appellant u/s 12A of the Act. Decided in favour of assessee - (D.B. INCOME TAX APPEAL NO.186/11) - - - Dated:- 2-6-2016 - MR. SANGEET LODHA AND MR. KAILASH CHANDRA SHARMA, JJ. For The Appellant : Mr.G.S.Chouhan For The Respondent : Mr.S.L.Jain 1. This appeal is directed against order dated 12.6.09 of Income Tax Appellate Tribunal (ITAT), Jodhpur Bench, Jodhpur, whereby an appeal preferred by the assessee-Gopi Ram Goyal Charita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stration to the assessee under Section 12A. 3. On the other hand, the counsel appearing for the respondent assessee submitted that as per the mandate of the provisions of sub-section (2) of Section 12AA, the CIT was under an obligation to pass an order granting or refusing registration before the expiry of six months from the ends of the month in which the application was received under clause (a) of subsection (1) of Section 12A of the Act and thus, the CIT having failed to dispose of the application within the stipulated period, the ITAT was justified in holding that failure to do so will amount to deem that the registration is granted. Learned counsel submitted that a bare perusal of the order passed by the CIT reveals that the findin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e trust from the property is wholly applied for the charitable purposes or not so as to make them entitle to claim exemption under Section 11 12 of the Act. 6. A bare perusal of the order passed by the CIT makes it abundantly clear that it has transgressed its jurisdiction while considering the application preferred by the assessee under Section 12A of the Act. The CIT has proceeded to record the finding without any reasonable basis that it is not proved that the assessee has applied 85% of its income during the year 2002-03 towards the objects of the trust and the same have been accumulated or set apart. The ITAT has rightly observed that it was nowhere found by the CIT that the objects mentioned in the trust deed are not charitable o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o take into consideration the report submitted by the JCIT as aforesaid. Thus, the ITAT has rightly arrived at the finding that the CIT was bent upon to dispose of the application of the assessee for registration without considering such report. 7. A bare perusal of the order passed by the ITAT reveals that entire factual and legal position has been examined by the ITAT threadbare. After due examination of material on record, having been satisfied about the genuineness of the objects and activities of the assessee trust, the ITAT has committed no error in granting the application for registration preferred by the appellant under Section 12A of the Act. 8. The Revenue has not raised the question regarding the deemed registration on fai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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