2023 (7) TMI 6

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... adequate opportunity to the assessee / applicant to present its case on merits HELD THAT:- As 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 u/s 12AB and to pass appropriate orders after considering the documents filed by the applicant / .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... acts, 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 proceedings u/s 12AB of Income Tax Act, 1961. 3. Your appellant crave, leave to add, alter, or .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ould be made. The applicant has submitted undertaking, and bank account statements of some other trust. The details filed by the applicant are peripheral and the response is cryptic in nature. Thus, the genuineness of the activities does not get established in previous year. Section 12AB makes, it very clear that before granting registration under this section, the Commissioner has to satisfy hi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... uineness 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 Counsel for the assessee submitted that the assessee is eligible for registration under Section 12AB of the Act and application of the assess .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 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. Hence, the matter is being set-aside to the file of Ld. CIT(Exemption) with the above direction. 7. In the result, the appeal of the as .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X