2012 (9) TMI 1019 - AT - Income Tax

Tribunal remits appeal, directs reconsideration on registration without activity commencement under section 12A

The appeal was allowed for statistical purposes as the Tribunal remitted the issue back to the DIT(E) for reconsideration in light of the arguments and ... - Issues involved:The appeal concerns the refusal of registration u/s. 12A of the Income-tax Act, 1961 by the Director of Income-tax (Exemptions) [DIT(E)], Hyderabad.Issue 1: Refusal of registration u/s. 12AThe appellant sought registration u/s. 12A of the Act, but it was denied by the DIT(E) citing non-commencement of operations and unverifiable payments. The appellant contested this decision, arguing that commencement of activities is not a prerequisite for registration u/s. 12A, citing relevant case law. The appellant maintained that the trust meets the requirements for registration, referring to additional case law and Tribunal decisions supporting their position.Key details for Issue 1:- The appellant's application for registration u/s. 12A was rejected due to alleged non-commencement of operations and unverifiable payments.- The appellant argued that commencement of activities is not a mandatory condition for registration u/s. 12A, supported by legal precedents.- The appellant claimed that the trust fulfills the necessary criteria for registration, citing relevant case law and Tribunal decisions in their favor.- The Tribunal remitted the issue back to the DIT(E) for reconsideration in light of the presented arguments and legal decisions, directing a decision in accordance with the law.- The appeal of the assessee was allowed for statistical purposes.This summary provides a detailed overview of the issues involved in the legal judgment regarding the refusal of registration u/s. 12A of the Income-tax Act, 1961.