TaxTMI 
TaxTMI 
TaxTMI 
2022 (4) TMI 534
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.... 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 that at the time of granting registration U/s 12AA of ....
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....y 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 31ST 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 12,000.00 By booklet spons A/c 6,579.00 To Depreciation 117,613.00 By Advt. & Meeting spon To Surplus Carried over to A/c Balance Sheet (641,925.00) By Seminar Spon A/c By stall rent 65,000.00 &nb....
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....ilengineering 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 many objects, however, no expenditure has been incurred for these objects. No evidence has been filed to establish that the society has carried out activities towards the objects of the society. This society is in existence for more than 10 years. 5.3 Section 12AA is reproduced here as under: 12AA. (1) The Principal Commissioner or Commissioner, on receipt of an application for registration of a trust or institution made under clause (a) or clause (aa) or clause (ab) of subsection (1) of section 12A, shall- 54[(a) call for such documents or information from the trust or institu....
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....h 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 provisions of sections 11 and 12 do not apply to exclude either whole or any part of the income of such trust or institution due to operation of sub-section (1) of section 13; or (b) the trust or institution has not complied with the requirement of any other law, as referred to in sub-clause (ii) of clause (a) of sub-section (1), and the order, direction or decree, by whatever name called, holding that such non-compliance has occurred, has either not been disputed or has attained finality, then, the Principal Commissioner or the Commissioner may, by an order in writing, cancel the registration of such trust or institution:] Provided that the registration shall not be....