2008 (2) TMI 882

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....e-tax passed under section 80G of the Act in view of section 253(c) of the Act of 1961? (ii)Whether the Income-tax Appellate Tribunal was justified in granting registration to the assessee-trust under section 12A of the Act, ignoring the fact that it had religious purpose and not charitable purpose? 2. Appeal is admitted and heard finally at this stage by consent of the counsel for parties. 3. The counsel for the parties are ad idem that no appeal lay to the Income-tax Appellate Tribunal from the order passed by the Commissioner on the application under section 80G of Income-tax Act, 1961. In other words, the counsel for the assessee concedes that the appeal preferred by the assessee challenging the order of the Commissioner of Inc....

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....pplication for registration of the trust or institution in the prescribed form and in the prescribed manner to the Commissioner before the 1st day of July, 1973, or before the expiry of a period of one year from the date of the creation of the trust or the establishment of the institution, whichever is institution is registered under section 12AA : Provided that where an application for registration of the trust or institution is made after the expiry of the period aforesaid, the provisions of sections 11 and 12 shall apply in relation to the income of such trust or institution,- (i) from the date of the creation of the trust or the establishment of the institution if the Commissioner is, for reasons to be recorded in writing, satisfi....

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....view of the Madras High Court that the question of exemption under sections 11 and 12 of the Act or as the case may be, under section 80G of the Act, would come only when such exemptions are claimed by the trust at the time when it is assessed to tax. In this backdrop of the legal position, the statement of the authorised representative before the Commissioner of Income-tax that purpose of seeking registration under section 12A is to get the approval under section 80G of the Act does not come in the way of the assessee in seeking registration under section 12A, if otherwise a case for such registration is made out. The Tribunal, thus cannot be said to have erred in setting aside the order of the Commissioner of Income-tax insofar as the ord....