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TMI Blog2018 (10) TMI 1800X X X X Extracts X X X X X X X X Extracts X X X X ..... in this behalf and after satisfying himself about the objects of the Trust or Institution and the genuineness of its activities he may pass an order in writing registering the Trust or Institution or if he is not so satisfied, he may pass an order in writing refusing to register the Trust or Institution. Provision of Section 12AA(1) of the Act refers to the Trust or Institution . There seems to be no requirement for a trust to be mandatorily registered as a Public Charitable trust in the State of India where it is located. The action of Ld.CIT-Exemptions denying the registration merely for the reason that the assessee Trust was not registered as a public Charitable Trust cannot be held to be justified. Issue of registration u/s 12AA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AA as applied by the Appellant. 03. That on the facts and in the circumstances of the case, the Hon'ble CIT (Exemption) while not granting registration u/s 12AA of Income Tax Act, 1961 to the Appellant has grossly erred in placing sole reliance on the aspect that the Appellant is not registered under the provisions of the MP Public Trust Act, 1951, at the same time not considering that the provisions of Income Tax Act, 1961 do not mandate for having a registration under the MP Public Trust Act, 1951 for the purpose of having registration u] s 12AA under the Income Tax Act, 1961. 3. At the outset Ld. Counsel for the assessee submitted that Ld. CIT-Exemptions, Bhopal denied the registration u/s 12AA of the Act merely for the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alf and after satisfying himself about the objects of the Trust or Institution and the genuineness of its activities he may pass an order in writing registering the Trust or Institution or if he is not so satisfied, he may pass an order in writing refusing to register the Trust or Institution. Provision of Section 12AA(1) of the Act refers to the Trust or Institution . There seems to be no requirement for a trust to be mandatorily registered as a Public Charitable trust in the State of India where it is located. The action of Ld.CIT-Exemptions denying the registration merely for the reason that the assessee Trust was not registered as a public Charitable Trust cannot be held to be justified. 7. We therefore are of considered view tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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