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TMI Blog2015 (11) TMI 1767X X X X Extracts X X X X X X X X Extracts X X X X ..... datory requirement of registration u/s 12AA for claiming exemption u/s 11. Under the scheme of the Income-tax Act, 1961, donations are considered as income unless the same were received from blood relatives. In the case before us, admittedly the assessee is not registered u/s 12AA of the Act. Therefore, sec. 11 of the Act is not applicable. There is no provision in the Income-tax Act, 1961 for exempting the donation received by the assessee in case it is not registered u/s 12AA of the Act. Therefore, the order of this Tribunal in M/s Pentafour Software Employees Welfare Foundation is not applicable. - decided against assessee. - I.T.A.No.45/Mds/2015 - - - Dated:- 20-11-2015 - SHRI N.R.S. GANESAN, JUDICIAL MEMBER For the Appellant : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verified and satisfied with the clarifications, he brought to tax corpus donations of ₹ 8,85,148/- as the trust was not registered u/s 12AA of the Act. 3. Aggrieved by the order of the Assessing Officer, the assessee filed appeal before the CIT(A) raising various grounds. In support of voluntary contributions with specific direction, the assessee relied on case laws and provisions of the Act. In the hearing proceedings before the CIT(A), the ld. Counsel has brought on record the case laws, where the contributions made with specific direction shall form part of the corpus of the trust or institution and shall not be deemed to be income derived from property held under the trust wholly for charitable or religious purpose though the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee-trust is not registered u/s 12AA of the Act and its activities are also not examined by the lower authorities. 6. The Tribunal considered the submissions of both parties. The question arises for consideration is whether the corpus donation received by the assessee is exempted u/s 11(1)(d) of the Act or not ? Admittedly, the trust was not registered u/s 12AA of the Act. This Tribunal is of the considered opinion that registration u/s 12AA is a mandatory pre-condition for grant of exemption u/s 11 and 12 of the Act. I have carefully gone through the order of this Tribunal in case of Pentafour Software Employees Welfare Foundation vs ACIT(supra). This Tribunal has not considered the mandatory requirement of registration u/s 12A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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