2021 (4) TMI 761

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....nge satsang for providing spiritual knowledge to establish and run the educational institutions to establish and run the ayurvedic, homeopathic and yog sadhana center for providing better health service; to establ ish and run gaushala. 3. The ld. CIT (E) examine the accounts of the assessee and the bank statements wherein Rs. 3,37,700/- has been debited to S.K. Motors Pvt. Ltd. and an amount of Rs. 1,50,000/- to Goel Jewellers. The ld. CIT (E) found that the expenses shown in the income and expenditure accounts pertain to Bhandara expenses. The ld. CIT (E) also held that the activities of the trust reveal that the trust has restricted itself to religious activities only and hence not covered under definition of charity as explained u/s 2(....

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....n.com 288 (Agra) * Ganeshi Lal Educational Society Vs. CIT [2013] 40 taxmann.com 257 (Punjab and Haryana) 7. On perusal, we find that the decisions in the case Suchinta Educational Society and Hardayal Charitable and Educational Trust have been reversed. In the case of Savior Charitable Trust and Jagannath Gupta Family Trust dealt with non-identification of donors whereas the case of Corbett Educational Society dealt with diversion of income to the family members. Thus, we find the case relied by the ld. DR are not applicable to the facts of the instant case. 8. With the background of the applicant, it would be pertinent to point out the extant provisions guiding the grant of exemptions u/s 12A. The provisions of Section 12AA are as und....

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....d under section 12A of the Act and one of the conditions is that the person in receipt of the income which he claims to be for charitable purposes is to make an application for registration of the trust or the institution in the prescribed form and in the prescribed manner to the Commissioner within the stipulated period of creation of the trust or the establishment of the institution. On receipt of the application in the requisite form No.10A along with Instrument of creation of the trust or the institution, the procedure for registration of the trust or the institution by the Commissioner is provided under section 12AA of the Act. 11. Admittedly, at the time of grant of registration the Commissioner is not empowered to examine the applic....