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2023 (6) TMI 1068

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..... e trust or institution; and (B) the compliance of such requirements of any other law for the time being in force by the trust or institution as are material for the purpose of achieving its objects. Having seen all the documents furnished by the assessee as called for by him, CIT(E) failed to point out anything adverse either against the genuineness of the activities of the trust or the compliance of other laws. In our considered opinion, when the Trust Deed was there before the CIT(E) and the assessee furnished all the necessary details of the activities carried out up to the stipulated date, there was no reason for the ld. CIT(E) to deny the benefit of registration u/s. 12AB without specifically pointing out the nonfulfillment of th .....

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..... assessee applied for provisional registration on 31-03-2022, which was granted vide order dt. 07-04-2022. Thereafter, the assessee applied for final registration vide its application in Form 10AB on 30-09-2022. The ld. CIT(E) noted that the assessee did not furnish proper evidence in support of its reply and whatever was furnished was cryptic, inadequate and non-verifiable. That is how, he refused to grant registration thereby rejecting the assessee s provisional registration granted on 07-04-2022. Aggrieved thereby, the assessee has come up in appeal before the Tribunal. 3. Having heard the rival submissions and gone through the relevant material on record, it is seen that the ld. CIT(E) required the assessee to furnish necessary detail .....

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..... eject the application . The prescription of section 12AB(1)(b)(i) is that where the application is made under sub-clause (ii) or sub-clause (iii) or sub-clause (iv) or subclause (v) of the said clause, the CIT(E) may call for such documents or information from the trust or institution or make such inquiries as he thinks necessary in order to satisfy himself about (A) the genuineness of activities of the trust or institution; and (B) the compliance of such requirements of any other law for the time being in force by the trust or institution as are material for the purpose of achieving its objects. Having seen all the documents furnished by the assessee as called for by him, the ld. CIT(E) failed to point out anything adverse either against .....

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