2018 (3) TMI 1408

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....n) is unjustified, illegal and wrong for passing the order u/s 12AA(1 )(b)(ii) of the Income Tax Act for rejection of Application to grant registration of Trust u/s 12AA of Income tax Act, 1961. 2. The Statement that books of Account were not produced by Ld. CIT (Exemption) is not correct. 3. The version of Ld. CIT (Exemption) that Trust is engaged in money laundry activities is not correct. 4. The findings of Ld. CIT (Exemption) that the trust is not carrying out any Charitable activities is not correct." 2. Briefly stated the facts necessary for adjudication of the controversy at hand are : Ld. CIT (Exemptions) declined the registration sought for by the assessee Trust under section 12A (1) of the Income-tax ....

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.... societies or trust having similar objects. The trust will also work for creating awareness regarding population control & creating awareness regarding environment. It will establish and maintain parks, gardens and other use of public in general. The trust will provide relief during natural calamities, such as rain, earth quake, flood, fire and other occasions of calamities of similar nature." 6. When we examine the aims and objects of the assessee Trust in entirety it goes to prove that the Trust is primarily constituted with prime aim and object of development of education in all areas of society by establishing the school, institutes of Engineering, Management, Law and medical institute; that the trust will also help....

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....haritable activities are concerned, again when the assessee Trust has proved to have purchased the land to establish the educational institution and brought on record the sale deeds and also brought on record the complete detail of the construction work-in-progress being carried out by the assessee Trust and also brought on record copies of the bank ledger of the assessee Trust showing its complete income and expenditure, there is no material on record to dispute the same at the juncture of according registration u/s 12A of the Act rather all these apprehensions raised by CIT can be taken care of by the AO at the time of assessment and as such are beyond the purview of CIT (Exemptions). 9. Coordinate Bench of the Tribunal in case of Vidy....