2022 (1) TMI 328

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pondent : Ms. Sunita Singh, CIT DR ORDER PER SUCHITRA KAMBLE, JM This appeal is filed by the assessee against the order dated 25/08/2017 passed by CIT (Exemption). 2. The grounds of appeal are as under:- "1. That having regard to the facts and circumstances of the case Ld. CIT(E) has erred in law and on facts in rejecting the registration u/s 12AA(l)(b)(ii) of the Act by observing that activ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....llant ought to have been granted benefit of registration under the law." 3. The Indian Herbs Foundation, Saharanpur, is a Public Charitable Trust. The said charitable trust was formed through Indian Herbs specialities Pvt. Ltd. by executing a written deed dated 15/3/2016. The deed was registered on 29/3/2016. The Foundation filed an application dated 11/2/2107 in Form No. 10A on 17/2/2017 before ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r of the CIT(Exemptions) failed to take into account the nature of the aims and objects of the Foundation and the evidence in support of the activities undertaken in pursuance of the objects. The Ld. AR further submitted that the CIT(Exemptions) also failed to take into account that donations have been received from identified persons and the application of income has been identified and verifiabl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Ld. AR submitted that these details show that the donor company is easily identifiable and its capacity to make donations out of its profit as per the provisions of the Companies Act to promote its CSR Activities. The Ld. AR submitted that the Foundation has made the donations as per the law. Thus, the Ld. AR submitted that the finding of the CIT(Exemption) that the donors are not identifiable ....