9911796707
TMI Blog2019 (5) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... cept it. If it did not accept the reasons, it was obliged to give its own reasons and dispose of the appeal. In the alternative, it had the option of remanding the matter back to the commissioner. It had followed neither of the two courses. This impugned order of the tribunalis absolutely erroneous in law. It is set aside. We remand the matter back to the tribunal to decide the issues involv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The application for condonation of delay (GA No. 498 of 2018) is allowed. This is an intended appeal under section 260A of the Income Tax Act, 1961. We are surprised to note the reasons advanced by the learned tribunal in allowing the appeals before it. The same are extracted below: 7. Respectfully following the above decisions and as the learned Pr. CIT(E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the above provision was to provide for a standard procedure to be followed for grant of registration to a trust or institution. It is evident from the plain reading of the Act that section 12AA(1) clearly stipulates that the Commissioner shall satisfy himself about the objects and the genuineness of the activities. Therefore satisfaction of the Commissioner is must about the genuineness of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration u/s 12AA is hereby rejected on merit. We do not understand as to why the commissioner was obliged to give a further findings that the objectives of the assessee are not charitable in nature . The tribunal was required either to accept the reasons and dismiss the appeal or not to accept it. If it did not accept the reasons, it was obliged to give its own re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
