2021 (8) TMI 209

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....es 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. 2. 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. 3. 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 Ld. CIT(E) has sought details of sources of income of the Trust whereas the Ld. CIT(E) is to merely look into the application of such income. 4. On the facts and in the circumstances of the case the Ld. CIT(E) has erred in....

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.... of registration u/s. 12AA of the Act. On mere perusal of the impugned order, it is clear that the ld. CIT (Exemption) had denied the grant of registration u/s. 12AA of the Act solely on the ground that the voluntarily contributions/donations received and credited to the corpus accounts during the financial years 2017-18 and 2018-19 were not offered to tax and paid the taxes thereon. Undoubtedly, this issue falls under the realm of "assessment". Now, it is trite law that the grant of registration and exemption are two separate and independent proceedings. The question of exemption cannot be considered at the time of grant of registration. The ld. CIT (Exemption) can only look into two aspects i.e. whether or not (i) the objects of the trust....