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TMI Blog2024 (7) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... unatic asylums, poor houses or other establishments for relief and/or help to the poor, old and infirm people and/or destitute. HELD THAT:- As decided by CIT(E) it is clear from the above stated objects that the objects of the applicant company do not fall under section 2(15) of the act which is essential for granting registration u/s 12AA of the Act and to that extent the objects of the applicant can't be established as charitable. The presence of such objects in MoA clearly leads one to conclude that the applicant entity intends to cover its motive of organizing seminars, exhibitions and opening lecture hall that too do not enure to the benefit of the public at large, under the provisions of exemptions. Moreover, perusal of financial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the facts and in the circumstances of the case and in law, the learned CIT (E), has erroneously rejected the registration application made by the appellant company u/s 12A of Income tax Act, on July 19 2018. 2. That The CIT(E) has erred in holding that the below objects of the appellant company do not fall under the term 'charitable' as envisaged in section 2(15) of the Act. a. To open, found, establish, run, maintain institutions, lecture hall and other establishments for advancement of spiritual education and of knowledge in Vedic arts, Vedic science, Vedic literature humanities and all other useful subjects in all their manifestations. b. To disseminate spiritual education, vedic science and vedic art using different mediums su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istration process where objects are more relevant than the genuineness of activities at the initial stage. 7. The learned CIT(E) has wrongfully safely concluded that the applicant company would not enure to benefit for the general public whereas all the objects of the Memorandum of Association of the appellant company, direct the company to carry out it's objects for the benefit of general public and society as the only motive, specifically object number 13, which states None of the objects would be carried out on commercial basis and all the activities will be purely non-profit. 8. That the learned CIT(E) has wrongfully concluded that ITR-6 can only be filed by companies involved in business operations, whereas ITR-6 is to be filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee since 02.05.2022. Notices of hearing sent to the assessee through registered post have been returned with postal remarks no such person at given address . No new address, if any, has been furnished by the assessee. Under these circumstances we proceed to dispose of the appeal, ex parte, qua the assessee after hearing learned DR and perusing the material available on record. 4. Learned CIT(DR) relied on the order of learned CIT(Exemptions), denying registration u/s 12AA of the Act. 5. After hearing learned DR and perusing the material on record we find that the learned CIT(E) has rejected assessee s application for registration u/s 12AA of the Act, inter alia, by observing as under: Conducting seminars and exhibitions in no sense g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me for the AY 2018-19 have been filed in Form No. ITR-6 that is required to be filed by the company other than a company income of which arise from any property for religious or charitable purposes. It is pertinent to mention that as per rule 12(1) of the IT Rules, 1962, the returns of income of the society/trust/company which works on the principal of 'no profit no loss, are required to be filed in Form No. ITR-7. Filing of return of income in Form No. ITR-6 clearly indicates that the applicant company is involved in business operations. 9. Keeping in view all of the above, I have no option but to deny the registration to the applicant u/s 12AA of Income Tax Act, 1961. 6. A perusal of the order of learned CIT(E) reveals that in arrivin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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