2014 (1) TMI 1974

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.... Order T. K. Sharma, J. M : This appeal by the assessee is against the order dated 24.09.2013 of ld. Commissioner of Income-tax, Rajkot-III, Rajkot refusing to grant registration u/s 12AA of the Income -tax Act 1961read with Rule 17A of the Income-tax Rules, 1962. 2. The facts, in brief, are that the assessee institution/association filed an application for registration u/s 12AA of the In....

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.... the assessee-trust is not entitled to registration u/s 12AA of the Income-tax Act, 1961. Apart from this, the ld. Commissioner of Income-tax also observed that the assessee trust did not produce the evidences in respect of the expenses incurred towards its objects and also failed to produce the books of accounts, ledger accounts of expenses, donation receipts books etc. Therefore, in the absence ....

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....the ground that the trust deed did not contain the provision of assets' treatments on dissolution. The observation of the Hon'ble Court is that the trust being registered with the Sub registrar as a charitable trust and the trust being an irrevocable trust the obvious position shall be that the Charity Commissioner should take over the assets on dissolution, hence rejection of registration....

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....s file for reconsidering the request of the assessee for grant of registration u/s 12AA . The ld. Counsel of the assessee also assured that he will produce all the books of accounts etc. before the ld. Commissioner of Income-tax for his examination. 4. On the other hand, Shri N.R. Soni, DR, appeared on behalf of the Revenue, vehemently supported the order of ld. Commissioner of Income-tax. He c....