TaxTMI 
TaxTMI 
2007 (3) TMI 188
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....umstances of the case and in view of legal provisions the Income-tax Appellate Tribunal was justified in concurring with the Commissioner of Income-tax who has erred in denying registration under section 12A and exemption under section 80G to the appellant-trust by erroneously holding that apparently the appellant-trust has not been performing the charitable activities as per its aims and objects for which it was formed which action of the Commissioner of Income-tax is illegal and thus needs to be quashed being in clear contradiction to the findings by this hon'ble court as so held in the case of Sonepat Hindu Educational and Charitable Society v. CIT [205] 278 ITR 262 (P & H), for which the appellant hereby humbly pray as above. 2. Whethe....
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....but perusal of the income and expenditure account did not show any expense towards the same. No detail of any help provided by the assessee to the poor persons was furnished. From a perusal of profit and loss statement, it is evident that entire receipts were kept in the fixed deposits and interest was being earned thereon. During last three years no expenditure, whatsoever, was incurred on any of the objects of the trust. As far as source of funds with the trust was concerned, trust claimed that the same was by way of deductions from the wages being paid to the employees engaged by Shri J. S. Tanwar, who was running an agency in the name of M/s. Aman Securities and Detective Services, which employs thousands of workers. The plea raised is ....
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....sited Rs. 76,40,788 and earned huge interest on these deposits; the assessee-trust had filed Form No. 15H with the bank certifying that no tax was payable by it to avoid deduction of tax at source and, therefore, the assessee had given a false declaration. (v) That there was no proof that the amount collected by the assessee was from voluntary contributions that too for the corpus of the trust. (vi) That the assessee, it appears, had made application for registration as a charitable institution only when the Income-tax Officer had started inquiries about the registration of the trust under section 12A after discovering the declaration filed in Form No. 15H. (vii) That the Income-tax Department has detected huge deposits in the name of th....