2014 (1) TMI 761

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....venue under Section 260-A of the Income Tax Act, 1961 arises from a judgement of the Income Tax Appellate Tribunal, Lucknow Bench dated 7 August 2013. 2. The assessee had challenged before the Tribunal an order of the Commissioner of Income Tax-II, Lucknow dated 6 September 2012 declining to grant registration under Section 12AA of the Income Tax Act, 1961. The only ground on which the CIT reje....

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....AA of the Income-tax Act, which is necessary for claiming exemption under sections 11 and 12 of the Act, the Commissioner of Income-tax is not required to look into the activities, where such activities have not or are in the process of its initiation. Where a trust, set up to achieve its objects of establishing educational institution, is in the process of establishing such institutions, and rece....

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....as held that in view of the judgement of the Division Bench of this Court in Hardayal Charitable and Educational Trust (supra), the order of rejection by the Commissioner was contrary to the law as laid down. Moreover, the Commissioner did not raise any issue about the objects of the trust which the Tribunal found are clearly charitable in nature. Thus, the only ground which weighed with the Commi....

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.... charitable work and its activities on the contrary had been carried out only for the purpose of generating incomes for its members. 5.Similarly, the judgement of the Punjab and Haryana High Court in Aman Shiv Mandir Trust (Regd.) vs. Commissioner of Income-Tax3 is also distinguishable because in that case, it was found that the application filed by the assessee was delayed by more than four ye....