2020 (8) TMI 674

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....ing the jurisdiction bestowed upon the Ld. CIT(E) in as much as the Ld. CIT(E) has sought to make assessment of Income of the Trust for prior years at the time of registration U/s.12AA . 2. On the facts and in the circumstances of the case the Ld. CIT(E) has erred in holding that registration U/s.12AA cannot be granted unless tax is paid on the income assessed at the time of 12AA proceedings. 3. On the facts and in the circumstances of the case the Ld. CIT(E) has erred in making incorrect assessment of income of the Trust without following the law and established judicial precedents. 4. On the facts and in the circumstances of the case the Ld.CIT(E) has erred in exceeding the jurisdiction bestowed upon the Ld.CIT(E) in as much as the ....

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....vities such as running and maintaining a temple. It was noticed that the assessee had previously applied for registration u/s.12AA of the Act on 17.10.2018 and the same was rejected vide order dated 30.04.2019. The assessee trust has not filed return of income for the assessment years 2016-17, 2017-18 and 2018-19. Further, the assessee trust is entitled to claim exemption from corpus donation as per the provision of section 11(1) (d) of the Act. 4. During the First Appellate Proceedings, the Ld. CIT(Exemption) vide order dated 31.12.2019 had rejected the application for registration u/s.12AA of the Act of the assessee Trust/ Institution as per reasons appearing in his order. 5. The contentions of the Ld. AR of the assessee before us is th....

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....f the donations received towards corpus though it was specifically requested for vide Point No.9 of the notice dated 06.08.2019 and also in subsequent notice issued to it." 8. In the entire order, the Ld. CIT(Exemption) has analyzed legal periferi of exemption u/s.11 of the Act and registration u/s.12AA of the Act. He has not brought on record the examination of Memorandum of Articles of the assessee Trust/ Institution. Further, the Ld. CIT(Exemption) in his entire order has not dealt with the examination of the objects of the assessee Trust/Institution and has also not given specific findings on the genuineness of the activities carried on by the Trust vis-à-vis facts as well as documents on records. This is more so, because the as....