2015 (10) TMI 1444

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.... for registration uls.12A of the IT. Act, 1961 in the prescribed Form No.10A on 04.06.2012. The trust has been constituted by a Deed of Trust dated 10.09.2011. It has been registered with the Charity Commissioner, Mumbai on 15.02.2012 while deciding registration u/s.12AA. The DIT(E) observed as under :- "3. As per the provisions of Section 12AA(l )(b), a trust is to be granted registration if the Commissioner is satisfied about the objects of the trust and the genuineness of its activities. Both these requirements are cumulative and not alternative. If either of these conditions is not satisfied, the applicant will not be entitled to registration. A perusal of the Trust Deed reveals that the applicant trust has charitable as well as non-....

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....nection, the applicant vide letter dated 16.11.2012 submitted that there was no element of commerce involved in the above objects and that the beneficiaries of all the above activities were general public without any distinction of religion, colour, class or creed. It is argued that if these objects were commercial in nature, the Charity Commissioner would have asked the applicant to delete the same. It is submitted that in fact trustees will have to spend the time and money on the activities to achieve the objects of the trust rather than carry out any commercial activities." 3. Accordingly, assessee's claim of registration was declined. Against the above order of DIT(E), assessee is in further appeal before us. 4. We have considered....