TaxTMI 
TaxTMI 
2022 (4) TMI 534
X X X X Extracts X X X X
X X X X Extracts X X X X
.... is a society registered under Societies Registration Act on 08th January, 2001. The CIT(E) rejected the application vide his order dated 27/02/2019. The CIT(E) rejected the application on the ground that the society has not incurred any expenditure on objects of the trust. The CIT(E) further stated that appellant has earned surplus which explains that activities are not charitable in nature. The CIT(E) has mentioned that the society has not utilized the surplus towards the objects of the society. The CIT(E) has given categorical finding that no details have been furnished by the appellant to process the application filed by appellant U/s 12AA of the Act. The CIT(E) has also mentioned that the deed does not contain dissolution clause. Therefore, the CIT(E) rejected the application of the appellant filed U/s 12AA of the Act. 3. Before us, the ld. AR submitted the paper book containing 59 pages. However, ld. AR has not certified that the documents of the paper book were filed before the CIT(E). The paper book contained copy of income & expenditure account, balance sheet for the A.Y. 2014-15, 2015-16 and 2016-17, note on activities and sample broachers. The ld. AR vehemently argued....
X X X X Extracts X X X X
X X X X Extracts X X X X
....p; By booklet spons A/c 84,347.00 To Depreciation 93,496.00 By Advt. & Meeting spon 52,126.00 -Shedule 2 A/c By Seminar Spon A/c 21,739.00 To Surplus Carried over to 1,204,129.50 By stall rent 2,852,453.00 Balance Sheet 3,641,993.00 3,641,993.00 As on 31^ST March, 2016 Expenditure Rs. Income Rs. To Expenditure in respect - By Interest (accrued) 82,126.00 of Properties- Realized On bank account To Establishment Expenses 975,386.00 -Shedule 1 By ACCE annual fees a/c 140,000.00 Other Expenses By Calender sponsorship a/c 79,474.00 To Audit Fees To Miscellaneous Expenses 3,403.00 By Engineer's sponsorship 60,000.00 a/c To Expenditure on objects - of the Trust- By compitition fee 12....
X X X X Extracts X X X X
X X X X Extracts X X X X
....2001.However, the appellant has not carried out any activity to fulfill the objects of the society. On perusal of the income & expenditure account, it is observed that the appellant has generated revenue from advertisement, meetings sponsorship, calendar sponsorship, seminar sponsorship, engineer's sponsorship. Every year, appellant has carried out these revenue generating activities. 5.1 The objects of the society as submitted by the appellant are as under: 1. To assist in solving the various problems created in the field of Civilengineering field. 2. To arrange and conduct seminars, workshop, study-tours, Exhibition to enhance the knowledge of engineering faculty. 3. To represent reg. problems of civil engineers concerned authorities and try to solve the same. 4. To educate public regarding the role of civil engineers in the society. 5. To execute charitable works as and when required. 6. To undertake research and development in the field of engineering. 7. To demonstrate the appropriate and advanced technology. 8. To organize short-term, medium-term and long-term standard training 5.2 Though there are ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....A. (3) Where a trust or an institution has been granted registration under clause (b) of sub-section (1) or has obtained registration at any time under section 12A [as it stood before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)] and subsequently the Principal Commissioner or Commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case may be, he shall pass an order in writing cancelling the registration of such trust or institution: Provided that no order under this sub-section shall be passed unless such trust or institution has been given a reasonable opportunity of being heard. (4) Without prejudice to the provisions of sub-section (3), where a trust or an institution has been granted registration under clause (b) of sub-section (1) or has obtained registration at any time under section 12A [as it stood before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)] and subsequently it is noticed that 56[(a) the activities of the trust or the institution are being carried out in a manner that the provisi....