2017 (12) TMI 867

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....bunal, Agra Bench, Agra (hereinafter referred to as the Tribunal). It was admitted on the following questions of law: "A. Whether the ITAT erred in law in granting registration and exemption u/s 12-AA and 80-G(5) even after the assessee has not spent 85% of its income and furthermore has produced unreliable balance sheet and two separate list of donors which remained un-reconciled and no evidence regarding any charitable activity under taken. B. Whether the ITAT erred in law in restricting the powers of the CIT as provided u/s 12-AA stepped beyond its jurisdiction as the legislative powers of investigation provided by the legislature cannot be curtailed by judgments." The assessee had made an application for registratio....

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....charitable or religious activity. Any enquiry of the nature would amount to putting the cart before the horse. At this stage only the genuineness of the objects has to be tasted and not the activities, which have not commenced. The enquiry of the Commissioner of Income Tax at such preliminary stage should be restricted to genuineness of the objects and not the activities unless such activities have commenced. The Trust or society cannot claim exemption, unless it is registered under Section 12AA of the Act and thus at that such initial stage the test of the genuineness of the activity cannot be a ground on which the registration may be refused. It is not denied that for subsequent year the appellant has been granted exemption under....