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TMI Blog2018 (3) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... lated u/s 12A of the Act and has refused to grant the registration u/s 12A of the Act to the assessee Trust on a totally irrelevant ground without pointing out as to how he was not satisfied either about the object of the Trust or the genuineness of its activities. CIT(E) has not given any finding in his order that either the objects of the assessee company are not charitable or its activities are not genuine, hence, he was not justified in refusing to grant registration u/s.12AA of the Act and approval u/s.80G of the Act to the assessee company. - Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... nded to extend its operations abroad which violates the provisions of section 11(1)(a) of the Act. 2) To propagate the results of research or studies conducted at the KIIT University and to act as interface between KIIT University and other educational institutions and public at large for the beneficial exploitation of the innovations carried out and the human potential existing at the KIIT University and to institute fellowship for leading Indian scholars / professionals to carry out studies on development projects of their own choice but in the areas of interest to the society 81 KIIT University," The above objective clause indicates that the applicant institution aides "Indian Scholars / professionals to carry out studies o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rguing before us submitted that the company was established at the behest and direction of Government of India, Department of Science & Technology, New Delhi. In support of his contention, he filed copy of letter dated 20.02.2009 bearing No.22/06/09-NEB, which reads as under :- "Based on the recommendations of National Advisory Committee on STEPs/TBI vide meeting dated 28th November, 2008 at INSA, New Delhi. The Host Institute, KIIT School of Biotechnology, Bhubaneswar is requested to initiate the process of registering the TBI as not for profit registered society under 1860 Act/section 25 company. On completion of the above formalities, a copy of registration may be sent to the Department to initiate further action related to establishme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mittee also recommended the following budget details for the first phase of the TBI spanning two years. Total cost : ₹ 266.45 lakhs Total DST contribution : ₹ 132.95 lakhs which includes ₹ 92.50 lakhs on capital and ₹ 40.45 lakhs on recurring account. The Committee also recommended that the overall performance of the TBI will be reviewed after two years." 7. He further submitted that all the directors and subscribers to the Memorandum of Association are people of high repute and integrity and are namely, Achyutananda, Mrutyunjay Suar, Arindam Dutta and Dharmendra Narayan Dwivedy. He further submitted that this was the Technical Business Incubator of its first kind in Odisha and was established as institutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow received from each incubatee to the concerned Assistant Commissioner or the Deputy Commissioner of Central Excise, as the case may be, before availing the exemption; and 2. that the STEP or the TBI shall furnish the information in the said Format I and Format II in the same manner before the 30th day of June of each financial year." 9. Further, he filed Gazette Notification published in the Odisha Gazette Extraordinary of the Finance Department No.1144, Cuttack on Thursday, June 29, 2017, which reads as under :- Sl.No. Chapter, Section, Heading Group or Service Code (Tariff) Description of Services Rate (Percent) Condition (1) (2) (3) (4) (5) 48 Heading 9983 or any other Heading of Chapter 99 Taxable services, provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of CIT(E), it is observe d that there is no finding by him that the objects of the trust are either not charitable or the activities of the trust are not genuine. We find that the Hon'ble Rajasthan High Court in the case of CIT Vs. Gopi Ram Goyal Charitable Trust, (2016) taxmann.com 403 (Rajasthan) has held that while granting registration u/s.12AA of the Act to the assessee the CIT has to enquire about the objects of the trust are charitable and genuineness of its activities and that he cannot enquire about the application of income of trust for charitable trust. Further, the Mumbai (E) Bench of the Tribunal in case of Tara Educational and Charitable Trust Vs. DIT(E), in ITA No.1247/Mum/2013 for assessment year 2012-2013 has held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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