2023 (5) TMI 414

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..... in support of the eligibility of the applicant s application for grant of registration of the Trust under Section 12AB - HELD THAT:- As in the interest of justice, the case is being set-aside to the file of Ld. CIT(Exemption) for denovo consideration of the application of the assessee Trust for registration under Section 12AB of the Act and to pass appropriate orders after considering the documen .....

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..... in rejecting application in form 10AB U/S 12AB of the Income Tax Act, 1961, on non satisfaction of genuineness of the activities of the trust. 2. The CIT(Exemption) has erred in law, in over looking and in summarily rejecting and not considered, the tangible material submitted during the proceeding u/s 12AB of Income Tax Act, 1961. 3. Your appellant crave, leave to add, alter, or to .....

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..... rovisional accounts for F.Y. 2019-20 and F.Y. 2021-22. As trust deed and annual audited or provisional account for F.Y. 2019- 20 and F.Y. 2021-22 have not been furnished, and on verification of the audited annual account for F.Y. 2020-21, it is seen that it has not utilized any sum on the objects of trust. Thus, the commencement as well as genuineness of activities does not get established in prev .....

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..... activities are in consonance with its objects. 9. Looking to the above facts, I am unable to arrive at the satisfaction of the genuineness of the activities. Hence, the application filed in Form No. 10AB for the registration u/s. 12AB of the I.T. Act, 1961, is rejected. 4. The assessee is in appeal before us against the aforesaid order passed by the CIT(Exemption). Before us the Couns .....

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..... erest of justice. 6. Accordingly, in view of the facts as noted above, in the interest of justice, the case is being set-aside to the file of Ld. CIT(Exemption) for denovo consideration of the application of the assessee Trust for registration under Section 12AB of the Act and to pass appropriate orders after considering the documents filed by the applicant / assessee in accordance with law. He .....

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