9911796707
TMI Blog2022 (1) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... of 14 days are condoned. 3. We find no representation on behalf of the assessee nor any application filed seeking adjournment. Thus, the assessee called absent and set ex-parte. Therefore, we proceed to dispose of the appeal by hearing the ld. DR and perusing the material available on record. 4. The assessee raised four grounds amongst which the only issue emanates for our consideration is as to whether the CIT(A) justified in rejecting the application filed under Form No. 10A seeking registration u/s. 12AA of the Act in the facts and circumstances of the case. 5. Heard ld. DR and perused the material available on record. We note that the applicant was registered under Bombay Public Trust Act, 1950 and filed an online application in Form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Y. 2016-17 on 31-03-2018 vide Acknowledgement No. 583827180310318 and paid taxes of Rs. 6,48,222/-. Further, in F.Y. 2017-18 Income Tax Return was filed on 30-03-2019 vide Acknowledgement No. 449005001300319 and paid taxes of Rs. 13,69,687/- . We note that as it appears the CIT(Exemption) did not call for this information as the Income Tax Return for both F.Ys. filed prior to the date of impugned order. 6. Further, the contention of the assessee is that the procedure of registration envisaged in Section 12AA of the Act prescribes that while granting or rejecting the application, the CIT(Exemption) is required to see about the objects of the trust or institution and genuineness of the activities. Further, for non-filing of Return of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings or exemption u/s. 11 of the Act is separate and distinct. The process of registration is not on occasion to give a finding whether the assessee filed returns of income and paid taxes or not. These issues cannot be examined during the process of registration u/s. 12AA of the Act. Therefore, in our opinion, the order of CIT(Exemption) in denying the registration u/s. 12AA of the Act cannot be sustained and the impugned order is set aside. 8. In view of the above, the assessee is entitled to have registration u/s. 12AA of the Act in terms of decision of Hon'ble Supreme Court in the case of Ananda Social and Educational Trust (supra) as relied on by this Tribunal in the case of Sant Zolebaba Sansthan Chikhali. Accordingly, we direc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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