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TMI Blog2014 (10) TMI 1048X X X X Extracts X X X X X X X X Extracts X X X X ..... from academic year 2014-15. Therefore, the first objection does not survive. Assessee has not commenced its charitable activities and its activity as a commercial organization - the assessee has already enrolled students in the school. The hon'ble jurisdictional high court in DIT(E) vs M/s Seervi Samaj Tambaram Trust [ 2014 (2) TMI 32 - MADRAS HIGH COURT] has held that registration u/s 12AA of the Act ought not be refused on the ground of non-commencement of charitable activities. Lack of genuineness in the assessee s activities as well - we accept the assessee s contentions and hold it entitled for registration u/s 12AA of the Act. Needless to say, the issue of commercial activities and lack of genuineness abovesaid are left ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... physical education, hostels for the benefit of the students and generally all kinds of educational institutions, for the welfare and uplift of the general public and to institute and award scholarship for study, research and apprenticeship. b) To take on lease, hire or otherwise in any manner whatsoever any immovable and/or immovable properties, any right, title, interest with privileges therein for the purpose of objects of the Trust and to lease, let on hire, mortgage or otherwise dispose of any properties movable or immovables. iii) To establish. maintain, run, develop, improve, extend. grant donations for and to aid and assist in the establishment, maintenance, running, development, improvement and extensions of libraries, readin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e nature of the stated objects of the Trust as well as genuineness of the activities carried out by the applicant. The Trust was asked to prove with the help of books of accounts, documents, papers and other necessary evidence that it did carry out the activities stated in the object clause of the Trust s deed and that these activities were charitable in nature as per definition u/s 2(15) of the Income-tax Act, 1961. The trust filed its reply to the questionnaire on 28/01/2014. The reports of the lower authorities were also obtained and perused. The case was posted for hearing on 04/03/2014 in response to which Shri. Saravanan, managing Trustee and Shri. Murugappan, Trustee alongwith Shri. A.R. Lakshmanan, Chartered Accountant appeared and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute that the assessee s objects hereinabove point out education and ancillary activities are charitable purposes prescribed u/s 2(15) of the Act. There is no preference given to any particular group of people. The CIT quotes three reasons for rejecting its registration application. The first one is that of non-approval of the state government for running educational institutions. We find from page 43 of the paper book that the Directorate of Tamil Nadu Matriculation Schools, Chennai has already accorded approval on 4.3.2014 permitting the assessee to open a school for LKG to VIIIth class from academic year 2014-15. Therefore, the first objection does not survive. 4. The CIT s next reasons quoted are that the assessee has not commen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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