9911796707
TMI Blog2018 (9) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... egistration in terms of s. 12AA(b)(i), which is to be recorded in writing. Why, the assessee’s objects, as their perusal reveals, contain religious objects as well, and which would also have to be taken into account. Further, not only is the said authority obliged to examine the same, but, where not satisfied, confront the assessee with his objections, following the principles of natural justice, besides being mandated by law. Restore the matter for the purpose back to the file of the competent authority, with a further direction to dispose of the assessee’s application, which is thus pending since long - Assessee’s appeal is allowed for statistical purposes. - I.T.A. No. 521/Asr/2017 - - - Dated:- 7-9-2018 - SH. SANJAY ARORA, ACCOUNT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the absence of which it was not possible to corroborate the aims and objects of the society with the activities being pursued by it; ( b) it had refrained from providing the details of the cash deposits made during the demonetization period, and which hindered the process of corroborating its activities, at least during the said period. Aggrieved, the assessee is in appeal, raising the following grounds: 1. That the Ld. Commissioner of Income Tax (Exemptions), Chandigarh has erred in not granting registration u/s. 12AA(1)(b)(ii) of the Income Tax Act 1961 and has rejected the same summarily without any valid reason. 2. That the finding of the Ld. CIT (Exemptions) that copy of the Memorandum Articles of Assoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal MoA was also, as required vide requisition dated 05.06.2017 (refer para 5(iii) of the impugned order), produced for verification, for which reference was made to para 6 of the impugned order, besides to para 3 of the reply dated 13.06.2017 (PB pgs. 44-47). Similarly, the details of the cash deposited during the period 08.11.2016 to 30.12.2016 were filed along with (PB pgs. 51-82), besides being also transmitted electronically, making reference to para 15 of the reply aforesaid. There is, thus, no valid basis for denying registration u/s. 12AA. Further, questioning the assessee for applying for registration where it had hitherto been claiming exemption u/s. 10(23)(c)(iiiad) is neither here nor there, with the ld. CIT(E) himself admitting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... educational camps and to organize the processions etc. 3.2 Sh. Sehgal was accordingly enquired by the Bench if the assessee had applied for registration as a charitable or a religious institution. He submitted it to be charitable in-as-much as the only object being, and intended to be, pursued is the provision of education, as contemplated by sub-clause (i) of the Object Clause (3). In-as-much as the assessee could validly in law pursue any of the several objects for which it is formed/constituted, we do not think the same to be a valid argument. Reference in this context may also be made to the decision in Delhi Stock Exchange Association Ltd. v. CIT [1997] 225 ITR 235 (SC), wherein it stands held that it is the existence of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng registration in terms of s. 12AA(b)(i), which is to be recorded in writing. Why, the assessee s objects, as their perusal reveals, contain religious objects as well, and which would also have to be taken into account. Further, not only is the said authority obliged to examine the same, but, where not satisfied, confront the assessee with his objections, following the principles of natural justice, besides being mandated by law (refer proviso to section 12AA(b)), explained by the Hon ble jurisdictional High Court in CIT(E) v. Ameliorating India [2017] 399 ITR 196 (P H). The aforesaid infirmities would therefore qualify only as an irregularity warranting a restoration back to the file of the competent authority for the purpose. 3.3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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