TaxTMI 
TaxTMI 
2018 (12) TMI 124
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.... "ITA NO.6768/DEL/2015 1. That on facts and circumstances of the case, the order passed by the Ld. DIT - Exemption is bad both in the eyes of law and on facts. 2. That the Ld. DIT - Exemption has erred in rejecting the application for registration u/s 12AA. 3. That the Ld. DIT - Exemption has erred in rejecting the application in Form No. 10G for registration u/s 80G. 4. That the Ld. DIT - Exemption has erred in deciding the case without giving proper opportunity of being heard and dismissing the same on irrelevant grounds. 5. That the impugned appellate order is arbitrary, illegal, bad in law and in violation of rudimentary principles of contemporary jurisprudence." ITA NO.4490....
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.... impugned order passed by ld. CIT by way of filing the present appeals. 4. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. 5. Undisputedly, the assessee has produced before ld. CIT (Exemptions) the Trust Deed, bank statement, copy of provisional accounts, original vouchers related to expenses on charitable activities. The assessee has constituted a Trust vide Trust Deed containing comprehensive object clause with main objects as under:- "5. OBJECTIVE CLAUSE The objects of the Trust shall be : MAIN OBJECTS a) Rehabilitation o....
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....itution, to impose any condition or conditions to any subscription or donation made by them and to earmark any portion of the Trust property or income for any particular object or objects. 25. POWER TO MODIFY THE TERMS OF THE TRUST IN THE INTEREST OF BENEFICIARY: The Trustees appointed in this deed will have the power to modify the terms of the Trust as they deem fit to keep the interest of the beneficiaries always in their mind. Whenever such modification is proposed, the decision of the majority of the Trustees shall prevail even over those Trustees who may have given their dissent to such modification." 7. Bare perusal of the aims and object of the Trust constituted by the assessee leads to the conclusion that the same has be....
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....er section of the society. The assessee has also placed before ld. CIT (E) updated bank statement, copy of provisional accounts as on 10.09.2015 and original vouchers related to expenses on charitable activities. 9. The ld. CIT (E) has also pointed out that the balance sheet placed on file by the assessee is unsigned and detailed list of donors has not been submitted nor the detailed notes on its activities have been filed. We are of the considered view that when the assessee has categorically brought on record the activities being carried out in order to achieve objects of the Trust vide letter, available at pages 15 & 16 of the paper book, along with annual report, available at page 18 of the paper book, showing the detailed notes on i....
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....d for charitable activities and its activities are genuine for the purpose of grant of registration u/s 12AA of the Act. Moreover, in the instant case, the CIT (E) has not given any contrary observation that the assessee Trust's activities are not genuine rather he has declined the registration u/s 12A and approval u/s 80G merely on the ground that Board of Trustees having absolute powers which, to our mind, are to be examined in the light of the activities being carried out and to be carried out by the assessee Trust. 13. Hon'ble Allahabad High Court in case cited as CIT (E) vs. Yamuna Expressway Industrial Development Authority - (2017) 395 ITR 18 (All.) while discussing the scope of sections 11 & 12 of the Act has held that it is not ....