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TMI Blog2022 (11) TMI 627X X X X Extracts X X X X X X X X Extracts X X X X ..... were made in the bank account of the Respondent, Assessee. There is, therefore, no adverse finding of the AO against the Assessee with respect to the said cash deposits. The scope of the application was to examine the genuineness of the objects of the society and to ascertain if the said objects are charitable or not. Learned senior standing counsel for Revenue, has failed to show any infirmity in the findings of the ITAT which hold that the objects of the Assessee are charitable. - ITA 119/2020 & CM APPL. 6637/2020 - - - Dated:- 3-11-2022 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA Appellant Through: Mr. Ajit Sharma, Senior Standing Counsel for Revenue with Mr. A. Renganath, Advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olding that at the time of the registration of the trust, no enquiry with respect to the actual activities or application of funds of the Applicant, Assessee, is to be examined by the CIT(E). He lastly states, that the ITAT erred in holding that the CIT(E) was examining the application of income of the Assessee whereas in fact, the CIT(E) was only limiting its exercise to call for documents/information to satisfy himself about the genuineness of the activities of the Respondent. 5. We have perused the paper book. 6. The ITAT has recorded that the Respondent society is engaged in the activity of imparting education by running a school, the Rainbow Kids Valley School, which fact is not in dispute. The Respondent filed an application o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ool or institutions in order to bring education within the reach of poor and backward children in the National Capital Region of Delhi by establishing libraries, providing hospital and residential accommodation, by establishing and maintaining institution for handicap or adult education, etc., which certainly falls in the definition of charitable activities as defined in the provisions contained under section 215 of the Act. xxx xxx xxx 10. It is settled principle of law that at the stage of granting registration u/s 12AA of the Act, ld. CIT (E) is not to examine the application of income, which is to be done by the AO on year to year basis at the time of deciding the exemption u/s 11 of the Act; that the ld. CIT (E) is not (sic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Consequently, appeal filed by the assessee society is hereby allowed directing the ld. CIT (E) to grant the registration to the assessee society u/s 12AA of the Act. (Emphasis supplied) 8. There is no dispute raised in the appeal to the finding of ITAT that the Assessee is in fact running the Rainbow Kids Valley School. Further, the learned counsel for the Respondent confirmed on written instructions that no scrutiny assessment was made in the case of the Respondent, Assessee, for Assessment Year (AY) 2017-18 which is relevant for FY 2016-17 when the cash deposits of Rs. 17,00,000/- were made in the bank account of the Respondent, Assessee. There is, therefore, no adverse finding of the Assessing Officer against the Assessee wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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