9911796707
TMI Blog2018 (8) TMI 1197X X X X Extracts X X X X X X X X Extracts X X X X ..... econsideration of application for registration under section 12AA of the Act as per law. - ITA No. 2246/Del/2016 - - - Dated:- 17-8-2018 - SHRI R.S.SYAL, VICE PRESIDENT AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER For The Assessee : Sh. Ashwani Taneja, Adv. For The Revenue : Sh. S.S.Rana, CIT, D.R. ORDER PER BEENA A PILLAI, JUDICIAL MEMBER The present appeal has been filed by assessee against order dated 20.02.2016 passed by Ld. Commissioner of Income-Tax (Exemptions), Chandigarh on the following grounds. 1. That having regard to facts and circumstances of the case, Ld.CIT(E) has erred in law and on facts in denying registration u/s 12AA of the Income Tax Act, 1961 (the Act) and that too by observing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jects for which the society has been formed. The society is a close family trust and cannot be described as public charitable trust. Moreover no arrangements have been made regarding the establishment of the school in a building on permanent basis which is the basic bare minimum necessities for redeeming any charitable purpose / necessary conditions as defined in sections 11 and 12 f the I T Act, 1961. The activities so far do not stand corroborated vis-a-vis the stated objects. As such I am not inclined to grant the registration to the applicant society. The application is hereby rejected. 3. Aggrieved by the Order of Ld.CIT, assessee is in appeal before us now. 4. Ld.AR submitted that assessee has made an agreement with Mal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amine as to whether or not objects of assessee are charitable in nature and examination regarding genuineness of the activities. In the event Ld. CIT do not have sufficient material to doubt genuineness of activities, registration under section 12AA of the Act, cannot be refused to assessee. It is also observed that Ld.CIT in Paragraph 2 observed that main object of society are essentially to run educational institute for imparting education. In our considered opinion, Ld.CIT has not examined genuineness of objects and erred in rejecting application for registration under section 12AA of the Act, without following due procedure as per law. 7.1. We are, therefore, inclined to set aside this issue back to Ld.CIT for reconsideration of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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