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TMI Blog2022 (1) TMI 693X X X X Extracts X X X X X X X X Extracts X X X X ..... aid order in revision u/s 263 and held that the activities of the trust were not charitable in nature but were commercial activities and therefore denied the exemption. This order was carried in appeal and Tribunal by the impugned judgment reversed the judgment of the Commissioner primarily on the ground that the registration of the Trust u/s 12AA of the Act still continues. Meaning thereby, that the revenue does not dispute the nature of the charitable activities. Secondly, that the commercial activities are not primary activities of the trust and predominant activity of the trust is charitable. The generation of reasonable surplus would not indicate that the trust is not engaged in charitable activities. The Tribunal was also of the opini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection and exemption was allowed without verification of charitable nature of activities of trust?" 2(a) "Whether on the facts and circumstances of the case and law, the Hon'ble Tribunal is justified in stating that the AO had examined the aspects relating to payments made to persons specified u/s 13(3) as well as capital expenditure incurred during the year, by conducting necessary inquiries, when the AO has failed to conduct necessary inquiries?" 2(b) "Whether on the facts and circumstances of the case and law, the Hon'ble Tribunal is justified in holding that the CIT(E) should have conducted necessary inquiries on above issues during the proceedings u/s 263 and should not have set-aside the assessment to the AO for conducting necessa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emption in favour of respondent-assessee Trust on its income being charitable Trust. The respondent Trust is a registered charitable trust. The assessing officer for the assessment year 2016-17 accepted the return filed by the trust and granted exemption as applicable under law. The Commissioner, Income-Tax took the said order in revision under Section 263 of the Act and held that the activities of the trust were not charitable in nature but were commercial activities and therefore denied the exemption. This order was carried in appeal and Tribunal by the impugned judgment reversed the judgment of the Commissioner primarily on the ground that the registration of the Trust under Section 12AA of the Act still continues. Meaning thereby, that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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