2016 (7) TMI 110

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....he assessee under Section 12A of the Income Tax Act, 1961 ( for short "the Act"), has been allowed. 2. Learned counsel for the appellant submitted that after due consideration of the material on record, the CIT, Bikaner had arrived at a categorical finding that the objects of the assessee trust and its activities are not genuine and thus, the application preferred by the assessee seeking registration under Section 12A was rightly rejected. Learned counsel would submit that for the year ending on 3.3.03, the assessee had shown addition of Rs. 11,18,251/- during the year out of which Rs. 11,00,000/- have been shown as FDR with the bank but it was not clear that whether fund was deposited as per requirement of Section 11(5) of the Act. Lear....

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....idering the application under Section 12A, the CIT entered into enquiry as if he was examining the entitlement of the assessee for exemption under Section 11 of the Act. Learned counsel submitted that the order impugned passed by the ITAT does not give rise to any substantial question of law and thus, the appeal deserves to be dismissed. 4. We have considered the rival submissions and perused the material on record. 5. As per Section 12 AA (1) (b) of the Act, the registration shall be granted by the Commissioner on being satisfied about the objects of the trust or institution and genuineness of its activities. Undoubtedly, for claiming exemption under Section 11 & 12 of the Act, the registration under Section 12A is condition preceden....

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.... through Joint Commissioner of Income Tax concerned, but did not pass any order on the application of the assessee for the registration and therefore, the assessee had to approach this court for appropriate relief and after the directions being issued by this court, the application of the assessee was considered by the CIT. It is a matter of record that after perusing the report of the Income Tax Officer, documents and information filed by the assessee, the JCIT being satisfied about the genuineness of the objects and the activities of the assessee, forwarded the report to CIT, Bikaner vide letter dated 19.6.03, however, the CIT did not choose to pass any order accepting or rejecting the application for registration within the stipulated pe....