TaxTMI 
TaxTMI 
2018 (5) TMI 38
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.... same assessee, identical issues are involved, therefore, these have been clubbed and heard together and a consolidated order is being passed for the sake of convenience and brevity. 3.In these two appeals, the assessee is challenging the action of the ld. CIT(Exemption) in rejecting registration u/s 12AA (1) (b) (ii) and consequently denial of approval u/s 80G (5) (vi) of the Income Tax Act, 1961. 4. The brief facts qua the issue are that the assessee trust came into existence vide Deed of Trust dated 17.06.2016. The trust applied for registration u/s 12AA vide application dated 06.01.2017. The CIT(Exemption) has refused registration for the following reasons: (i)The trust has received Rs. 1,00,05,000/- as donation from M/s Gokul Leasi....
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....per the object of the trust, but ld CIT(E) treated the said transaction against the object of the trust and rejected the assessee`s trust application for registration under section 12AA, without bringing any evidence on record to show that activities of the trust were not genuine. On the other hand, the ld DR for the Revenue has primarily reiterated the stand taken by the ld. CIT(E ), which we have already noted in our earlier para and is not being repeated for the sake of brevity. 6.We have given a careful consideration to the rival submissions and perused the materials available on record and after hearing the ld. DR for the Revenue, we are of the opinion that so far as grant of registration u/s 12AA of the Act is concerned, the CIT(Exem....
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....o. At the time of registration of the Trust, going by the binding judgments of the Apex Court, what is to be looked into is whether the Trust is a genuine one and whether it is a sham institution floated only to avail the benefits of exemption under the Act. For that, we rely on the judgment of the Hon'ble High Court of Kerala in the case of Shee Anjaneya Medical Trust (2016) 382 ITR 399 (Kerala) wherein the same propositions were upheld by the Hon'ble High Court. We note that the question whether the activities of the trust which was formed with the specific intention to carry on certain charitable activities, are actually charitable in nature or not, would not arise for consideration at the stage of grant of registration to the trust u/s ....