9911796707
TMI Blog2022 (10) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... examined by the Assessing Officer (AO) during the assessment proceedings. The role of the Ld. PCIT while according registration under section 12A is only to make himself satisfied about the genuineness of the activities to be carried out by the assessee trust and the compliance of such requirement of any other law for the time being in force by the trust or institution material to achieve its object and then to accord the registration. Conditions imposed by the Ld. PCIT while according registration under section 12A of the Act are not sustainable in the eyes of law. Identical issue has also been decided by the co-ordinate Bench of the Tribunal in case of Bai Hirabai Jamshetji Tata Navsari Charitable Institution vs. CIT (E), Mumbai or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PCIT to grant conditional registration. 2. The PCIT grossly erred in holding that the order granting registration is liable to be withdrawn in the circumstances specified in the order. 3. The appellant craves leave to add to, alter, amend and/or delete in all the foregoing grounds of appeal. 2. Briefly stated facts necessary for adjudication of the controversy at hand are : both the assessees M/s. Lady Tata Memorial Trust M/s. Lady Meherbai D. Tata Education Trust being a charitable trust sought to grant the registration under section 12A of the Income Tax Act, 1961 (for short the Act ) for assessment year 2022-23 to AY. 2026-27 after complying with the necessary formalities. Howevr, the Ld. PCIT vide impugned order g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccreted income within specified time as per provisions of section 115TD to 115TF of the Income Tax Act, 1961 unless the application for fresh registration under section 12AB for the said previous year is granted by the Commissioner. d. The Trust/ Institution should quote the PAN in all its communications with the Department. e. The registration u/s I2AB of the Income Tax Act, 1961 does not automatically confer any right on the donors to claim deduction u/s 80G. f. Order u/s 12AB read with section I2A does not confer any right of exemption upon the applicant u/s 11 and 12 of Income Tax Act, 1961. Such exemption from taxation will be available only after the Assessing Officer is satisfied about the genuineness of the acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss incidental to attainment of objects shall be maintained in compliance to section 11 (4 A) of Income Tax Act, 1961. k. The registered office or the principal place of activity of the applicant should not be transferred outside the jurisdiction of Jurisdictional Commissioner of Income Tax except with the prior approval. l. No asset shall be transferred without the knowledge of Jurisdictional Commissioner of Income Tax to anyone, including to any Trust/ Society/ Non Profit Company etc. m. The registration so granted is liable to be cancelled at any point of time if the registering authority is satisfied that activities of the Trust/ Institution/ Non Profit Company are not genuine or are not being carried out in accordan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. PCIT subject to certain conditions in the light of the provisions contained in the scheme of the Income Tax Act, 1961, registration under section 12A cannot be subjected to any condition as there is an inbuilt mechanism to be complied with by the assessee after getting the registration under section 12AA of the Act. Furthermore, compliance of the conditions by the assessees is to be examined by the Assessing Officer (AO) during the assessment proceedings. The role of the Ld. PCIT while according registration under section 12A is only to make himself satisfied about the genuineness of the activities to be carried out by the assessee trust and the compliance of such requirement of any other law for the time being in force by the trust or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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