9911796707
TMI Blog2004 (5) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Trust has filed this petition against the order made by the Director of Income-tax (Exemptions) New Delhi, on February 24, 2004. The aforesaid trust submitted two applications in Form No. 10A for registration under section 12A and recognition under section 80G of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). The application was rejected on the ground that the applicant itsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch income is applied to such purposes in India; and, where any such income is accumulated or set apart for application to such purposes in India, to the extent to which the income so accumulated or set apart is not in excess of fifteen per cent, of the income from such property; . . . (c) income derived from property held under trust- (i) created on or after the 1st day of April, 1952, for a ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ranted by the Board either by general or special order then, benefit can be extended. Section 12AA prescribes the procedure for registration. Reading the section, it becomes clear that after the application is made, the officer has to call for documents or information from the trust to satisfy himself about the genuineness of the activities of the trust. He can make further enquiry as he may deem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s per the procedure laid down under section 12AA of the said Act. So far as income which is applied outside India is concerned, it is not a relevant criteria for rejecting the application. In the absence of an order under section 11(1)(a) and (c), one cannot seek benefit for application of income for charitable or religious purposes, outside India. Therefore, the order dated February 24, 2004 made ..... X X X X Extracts X X X X X X X X Extracts X X X X
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