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TMI Blog2023 (9) TMI 1517X X X X Extracts X X X X X X X X Extracts X X X X ..... rposes. - SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER For the Assessee : Shri H.S.Modh, Adv. For the Revenue : Shri Shiv Kumar, Sr.DR ORDER PER OM PRAKASH KANT, A.M.: This appeal by the assessee is directed against the order dated 01.09.2022 passed by Ld. Commissioner of Income Tax(Exemption), Bhopal [in short Ld.CIT(E) ] for assessment year 2022-23, in relation to application for registration u/s 12AB of the Income Tax Act, 1961 (in short the Act ). The assessee has raised following grounds of appeal:- 1. That the Ld. CIT, Exemption, Bhopal has erred in facts and circumstances of the case to pass order without giving proper reasoning for rejection of application of registration. 2. That the Ld. CIT has not considered reply filed in response to notice issued while rejecting the application of registration U/s 12AA of IT Act, 1961. 3. That the activity of the appellant is exclusively educational, hence refusal of registration is not justified. 4. That the Assessee craves leave to raise any other ground/s on or before the date of hearing to establish that the order is bad. 2. We have heard rival submission of the parties. Briefly stated facts of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in writing, (I) in a case referred to in sub-clause (ii) or sub-clause (iii) or sub-clause (v) of clause (ac) of sub-section (1) of section 12A rejecting such application and also cancelling its registration; (II) in a case referred to in sub-clause (iv) or in item (B) of sub- clause (vi) of sub-section (1) of section 12A, rejecting such application, after affording a reasonable opportunity of being heard;]. 2.2.1.The ld CIT(E) under above procedure rejected the application of the assessee observing that no change or modification in the objects off the society was made. The relevant finding of ld CIT(E) is reproduced as under: The assessee has applied for registration under the new provisions of section 12AB of the Act under section 12A(1)(ac)(v) of the Act and an opportunity letter was also issued to the assessee and various documents were called to process the application and to verify the object and activities of the assessee. In response to the letter, the assessee has submitted a reply along with the various documents. On perusal of the documents submitted by the assessee and documents available on record it is noticed that there is no change or modification in the objects o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n each Financial Year relevant to the Assessment Year and all the provisions of law acted upon. This will be further subject to provisions of section 2(15) of the Income Tax Act, 1961. 7- No change in terms of Trust Deed/ Memorandum of Association shall be effected without due procedure of law and its intimation shall be given immediately to this office. The registering authority reserves the right to consider whether any such alteration in objects would be consistent with the definition of charitable purpose under the Act and in conformity with the requirement of continuity of registration. 8- The Trust/ Society/ Non Profit Company shall maintain accounts regularly and shall get these accounts audited in accordance with the provisions of the section 12A(1)(b) of the Income Tax Act, 1961. Separate accounts in respect of each activity as specified in Trust Deed/ Memorandum of Association shall be maintained. A copy of such account shall be submitted to the Assessing Officer. A public notice of the activities carried on/ to be carried on and the target group(s) (intented beneficiaries) shall be duly displayed at the Registered/ Designated Office of the Organisation. 9- The Trust/ Ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st or institution is registered under section 12AA: Provided that where an application for registration of the trust or institution is made after the expiry of the period aforesaid, the pro-visions of sections 11 and 12 shall apply in relation to the income of such trust or institution, (i) from the date of the creation of the trust or the establishment of the institution if the Principal Commissioner or Commissioner is, for reasons to be recorded in writing, satisfied that the person in receipt of the income was prevented from making the application before the expiry of the period aforesaid for sufficient reasons; (ii) from the 1st day of the financial year in which the application is made, if the Principal Commissioner or Commissioner is not so satisfied: Provided further that the provisions of this clause shall not apply in relation to any application made on or after the 1st day of June, 2007; (aa) the person in receipt of the income has made an application for registration of the trust or institution on or after the 1st day of June, 2007 in the prescribed form and manner to the Principal Commissioner or Commissioner and such trust or institution is registered under section 12A ..... 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