2024 (10) TMI 85

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the Income Tax Rules, 1961 passed by the Commissioner of Income Tax (Exemption). 2. The Grounds of appeal are as under:- "1) That the learned Commissioner of Income Tax (Exemptions) has gross erred both in law and on facts in rejecting the application for registration of the appellant trust u/s 12A(1)(ac) (iii) of the Act. 2. That finding of the learned Commissioner of Income Tax (Exemptions) that "the documents submitted there is no proof about the activities being carried out by the trust. Therefore, it is not possible to verify whether the applicant is carrying out activities as per the memorandum of association or not on date" is not based on correct appreciation of facts on record and therefore unsustainable. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cant has submitted reply which has been perused and it has been observed that the applicant association was created on 23.04.1999 and it has not yet commenced its activities. The applicant society in its reply dated 11.12.2023 stated that activities are limited in nature due to fund restrictions and has been started only after receiving the 12A and 80G. As per the documents submitted there is no proof about the activities being carried out by the trust. Therefore, it is not possible to verify whether the applicant is carrying out activities as per the memorandum of association or not." 5. Ld. CIT (A) consequently rejected the Application filed by the Appellant u/s. 80G of the Act. Aggrieved by the orders of the CIT(E) the assessee is bef....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Kalyan Trust vs. CIT (Exemption) (Para 8) (Pages 1 - 4 of JPB) iv) 187 ITD 492 (Delhi Trib.) South India Club vs. CIT (Exemption) (Para 5) (Pages 11-15 of JPB) v) 355 ITR 361 (Del) DIT vs. Foundation of Ophthalmic & Optometry Research Education Centre (Para 10) (Pages 16 - 20 of JPB)." 7. Per contra, the Ld. Departmental Representative submitted that the assessee himself admitted in the reply dated 11/12/2023 admitted that the activities are limited in nature due to fund restrictions and has been started only after receiving 12A and 80G and further submitted that while rejecting the application, the CIT(A) rightly observed that the applicant society was created on 23/04/1999 and it has not commenced the activities, ther....