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TMI Blog2015 (9) TMI 1650X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 12A - HELD THAT:- If the assessment made and the reasons given by the learned competent authority in the order passed rejecting the application under section 12AA(1) of the Income Tax Act, is perused, we find that the application has been rejected on merits after considering various transactions and activities of the Trust in question and not based on the activities of the Trust. That being so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 12AA was rejected. On an appeal being filed by the assessee, the learned Tribunal took note of the law laid down by a Division Bench of this Court in the case of Commissioner of Income Tax Vs. DPR Charitable Trust, (2011) 61 DTR 410, and held that on the grounds indicated as the application could not be rejected, directed for grant of registration under section 12A. Even though Shri Sanjay L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on has to be made by a person in receipt of income of the trust. Thus while dealing with the application for registration the CIT has to examine whether the application is made in accordance with s. 12A r/w r. 17A and whether Form No.10A has been properly filled up. He may also examine whether objects of the trust are charitable or not. Sec. 12AA nowhere provides that CIT while considering the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supra) and the decisions in the cases of New Life in Christ Evangelistic Association (supra), Fifth Generation Education Society (supra) and Shantagauri Ramniklal Trust (supra)." If the assessment made and the reasons given by the learned competent authority in the order passed rejecting the application under section 12AA(1) of the Income Tax Act, is perused, we find that the application has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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