9911796707
TMI Blog2020 (12) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... It is a trite law that when the CIT (Exemptions) found that the objects of the trust are charitable in nature, the denial of registration under Sec.12AA of the Act is improper. There is no material brought on record by CIT (E) which suggests that genuineness of activities are in doubt. The finding of the ld. CIT (Exemptions) that the genuineness of the activities is not established is mere bald finding without any material on record - findings of CIT (Exemptions) cannot be sustained under law. Therefore, we direct ld. Commissioner of Income Tax (Exemptions), Pune to grant the registration from the date of the application i.e., 23.05.2019. Benefit of retrospective registration - HELD That:-. The grounds of appeal raised by the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... F.Y. 2018 - 19, the appellant was indulging in profit making activities and the charitable objects were not proved and hence, the appellant trust is not entitled to registration u/s 12AA. 3. The learned CIT failed to appreciate that - a. The objects of the appellant trust are charitable in nature as per section 2(15) of the Act and therefore, registration u/s 12AA ought to have been granted to the trust. b. The appellant had not carried out any non charitable activity. c. The appellant had already applied for registration on 17.09.2018 and the registration was not granted as the appellant had not submitted certain details. d. In view of the fact that the appellant had filed the first application for registratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on escaped the assessment of the income to tax and gave a finding the appellant trust had indulged in activities from which huge receipts have been generated. Accordingly, the ld. Commissioner of Income Tax (Exemptions), concluded that the genuineness of the charitable nature of the activities of the trust are not established and therefore denied the registration under Sec.12AA of the Act vide impugned order. 4. Being aggrieved by the above order of ld. Commissioner of Income Tax (Exemptions), denying the registration under Sec.12AA of the Act, the appellant trust is before us in the present appeal. 5. Before us, when the matter was called upon, none appeared on behalf of the assessee / appellant trust. On the other hand, ld. CIT-DR h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be sustained under law. Therefore, we direct ld. Commissioner of Income Tax (Exemptions), Pune to grant the registration from the date of the application i.e., 23.05.2019. 7. The grounds of appeal raised by the appellant seeking grant of registration earlier to date of application cannot be allowed for the reason that w.e.f 1st day of June, 2007, it is clearly provided vide sub-section (2) of Sec.12A of the Income Tax Act that the provisions of Sec.11 and 12 shall apply in relation to income of the trust from the assessment year immediately following the Financial Year in which the application for grant of registration is made. Impliedly, the ld. Commissioner of Income Tax (Exemptions) is not empowered to grant the registration wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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