2015 (10) TMI 1498

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....he trust has been registered with the Joint/Deputy Registrar Naraingarh vide registration No. 682 dated May 28, 2007. The assessee-trust has filed application for registration under section 12A of the Act in the prescribed form. In order to verify the genuineness of the activities of the assessee-trust, the report of the Assessing Officer was called for vide letter dated March 31, 2014. The Assessing Officer vide his report dated July 18, 2014 reported that the aims and objects of the assessee- trust are as under: (i) To establish, maintain, carry on education institution in any state. (ii) To look after and manage the affairs of Paramount Convent School situated at Akbarpur Ambala. (iii) To give ins....

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....ome and expenditure account of the assessee-trust, the expenditure more than 85 per cent. have been utilised by the assessee- trust. The Assessing Officer has further reported that the inspector of his office was deputed to visit the office of the assessee-trust, who has reported that the assessee-trust is doing charitable activities. No commercial activities are being run by the assessee-trust. Thus the aims and objects of the assessee-trust are of general public utility as well as to provide education and are covered by the provisions of section 2(15) of the Income- tax Act. 4. The learned Commissioner of Income-tax on the basis of material on record and report of the Assessing Officer noted that the assessee-trust is not registered unde....

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....e, which clearly prove that the assessee existed for charitable purposes within the meaning of section 2(15) of the Act. The Assessing Officer also reported that the assessee has utilised more than 85 per cent. of the income for achieving its aims and objects. Therefore, the assessee-trust satisfied the conditions for grant of registration under section 12AA of the Act. The learned Commissioner of Income-tax also did not adversely comment upon the aims and objects of the assessee- trust and genuineness of activities. The only reason given by the learned Commissioner of Income-tax for rejecting the registration application was that the assessee-trust is not registered under the new Haryana Registration and Regulation of Societies Act, 2012. ....