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TMI Blog2017 (1) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Heard Sri Alok Mathur, learned counsel for appellant and Sri Mohit Chandra, Advocate for respondent. 2. This appeal under Section 260-A of Income Tax Act, 1961 (hereinafter referred to as the "Act, 1961") has arisen from judgment and order dated 29.05.2015 passed by Income Tax Appellate Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as the "Tribunal") in ITA No. 504/2014. 3. L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ject of imparting higher medical education by establishing Medical Colleges, Hospitals and Research Centres, such charitable activities had not still been commenced. The provisions of Section 12AA have been construed in the judgments of several High Courts which have been relied upon in a judgment of a Division Bench in Hardayal Charitable & Educational Trust v. CIT: [2013] 355 ITR 534/214 Taxman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the trust has not yet commenced the charitable or religious activity. Any enquiry of the nature would amount to putting the cart before the horse. At this stage, only the genuineness of the objects has to be tested and not the activities, which have not commenced. The enquiry of the Commissioner of Income-tax at such preliminary stage should be restricted to the genuineness of the objects and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal has in the circumstance while allowing the appeal directed the Commissioner to grant registration under Section 12AA. The view of the Tribunal is based on the judgment of a Division Bench of this Court which follows the consistent body of law. 3. The learned counsel appearing on behalf of the revenue has also relied upon a judgment of the Kerala High Court in the case of Self Employers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any charitable purpose. Moreover, huge amounts of fixed deposits were found in the name of a trustee who had later approached the Settlement Commission admitting his guilt. Hence, it is clear that both these judgments are on the peculiar facts as slated hereinabove and are distinguishable. The appeal would, therefore, not give rise to any substantial question of law and it is, accordingly, dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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