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2014 (1) TMI 1034

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....r Saktijit Dey, J. M. This appeal filed by the assessee trust against the Order of the DIT(E), Hyderabad dated 31.12.2012 in refusing to grant registration under section 12AA of the Act. 2. There is a delay of 28 days in filing the appeal. The assessee has filed a delay condonation petition along with an affidavit stating the reasons for delay. After considering the same, we are inclined to cond....

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....te to grant registration under section 12A and approval under section 80G of the Act. 4. In the proceeding taken-up in pursuance to the direction of the ITAT, the DIT(E) called upon the assessee to submit a note about the specific activities carried out by the assessee along with other details. He further asked the assessee to explain as to how the payments and expenditure made by the trust are r....

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....n SB are shown at Rs.1,15,753/-. From this, the DIT(E), inferred that there was no outgoing/expenditure either during the financial year 2008-2009 or 2009-2010. He further observed that the corpus fund of Rs. 10 lakhs has not been deposited in the bank account of the trust. He also observed that the assessee has not maintained separate books of accounts. The DIT(E) ultimately rejected the applicat....

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.... rejected on the very same ground of non- commencement of activities by the trust, thereby, completely ignoring the directions of the Tribunal. When the assessee has produced all facts relating to the activities of trust and also its financial statements and there is no adverse finding by the DIT(E) with regard to the genuineness or nature of activity of the Trust, it is to be presumed that the DI....