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Income Tax - Highlights / Catch Notes

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Application for registration u/s 12AB rejected as assessee was ...


Registration denied for non-compliance with state trust law. Charitable institutions must follow applicable state laws.

Case Laws     Income Tax

July 13, 2024

Application for registration u/s 12AB rejected as assessee was not registered under Rajasthan Public Trust Act on date of filing application. Section 12AB(1) mandates compliance with all applicable laws, and assessee failed to follow provisions of Rajasthan Public Trust Act. Supreme Court in New Noble Education Society case held that charitable institutions regulated by state laws must comply with them. Provisions of Andhra Pradesh Charities Act and Rajasthan Public Trust Act are identical, making Supreme Court's decision applicable. CIT(E) could not verify genuineness of assessee's activities due to non-submission of details. Grounds of appeal dismissed.

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