2018 (10) TMI 1800

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....,C.A ORDER Manish Borad, This appeal of Assessee is directed against the order of Ld. Commissioner of Income Tax-Exemptions, Bhopal (in short 'CIT(A)'), dated 24.05.2017 which is arising out of the order u/s 12AA(1)(b)(ii) of the Income Tax Act 1961(hereinafter called as the 'Act'). 2. The assessee has raised following grounds; "01. That on the facts and in the circumstances o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y erred in placing sole reliance on the aspect that the Appellant is not registered under the provisions of the MP Public Trust Act, 1951, at the same time not considering that the provisions of Income Tax Act, 1961 do not mandate for having a registration under the MP Public Trust Act, 1951 for the purpose of having registration u] s 12AA under the Income Tax Act, 1961. 3. At the outset Ld. Co....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f the Act shows that it was merely on account that the assessee trust did not get itself registered as a Public Charitable with Registrar of Public Trust, Madhya Pradesh. Nowhere in the order of CIT-Exemption has any mention about the objection raised against the objects of the trust and the genuineness of activities carried out. 6. As per the provisions of Section 12AA(1) of the Act provides t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to be no requirement for a trust to be mandatorily registered as a Public Charitable trust in the State of India where it is located. The action of Ld.CIT-Exemptions denying the registration merely for the reason that the assessee Trust was not registered as a public Charitable Trust cannot be held to be justified. 7. We therefore are of considered view that the issue of registration u/s 12AA ....