2023 (8) TMI 149

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....ecting the application of assessee-trust for registration under Section 12AB of the Income Tax Act, 1961 (in short, the Act). The assessee has raised following grounds of appeal: "(1) The CIT(Exemption) was not justified in rejecting application u/s 12AB of the Act. (2) The learned CIT(Exemption) was driven by extraneous considerations while interpreting provisions u/s 13(1)(b) of the Act. (3) The appellant craves leave to add, alter or vary any of the grounds of appeal." 2. Brief facts of the case are that the assessee is filed an application for registration under Section 12AB of the Act in Form 10AB as per Rule 17A of the Income Tax Rules, 1962, (in short, the Rules) on 04/04/2022. On receipt of such applica....

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....loading required details at the time of filing of application. The ld. AR of the assessee submits that they have furnished copy of trust deed, registered under the provisions of Bombay Public Trust Act, bearing registration No. A-75 Tapi dated 18.06.1984. The ld. AR of the assessee submits that the assessee is religious and charitable trust. The trust is in existence from 1983. There is no change in the object and activities of the assessee-trust. The assessee was granted provisional registration certificate under section 21A(1)(ac)(iii) on 10.03.2022. the ld AR for the assessee submits that the objects of the assessee was not doubted by ld CIT(E). The assessee has furnished details of its activities undertaken in furtherance of its objects....

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....they have no plan for religious activities in future. The object and activities of the assessee was not verified by the ld. CIT(E). The ld AR for the assessee has wrongly claimed that their activities are not doubted. The ld. CIT-DR submits that in case, if the Bench of view that the assessee deserve any relief, the matter may be restored back to the file of ld. CIT(E) to examine the object of assessee and genuinity of the activities undertaken by the assessee trust and to examine any other requirement, if the assessee fulfills such condition. 6. We have considered the submissions of both the parties and have gone through the order of ld. CIT(E) carefully. We have also perused various documentary evidences filed in the form of paper book....

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....t deed, it was spelt out that objects of trust were not only to propagate Jainism or help and assist maintenance of temple, Sadhus, Sadhvis, Shraviks and Shravaks, but other goals were also set out in trust deed, it could be said that trust was a charitable religious trust and section 13(1)(b) would not be applicable. In DIT (E) Vs Sheth Jivandas Godidas Shankheshwar Parshwanath Ji Jain (supra) also held that where assessee-trust apart from propagation of Jain philosophy and ideology, was also engaged in spreading religious and dharmik knowledge and providing amenities and facilities to pilgrims and renovation of Jain temples all over India, it was to be regarded as public charitable trust performing activities of general public utility and....