Denying registration u/s 12AA by testing ancillary objects rather than main objects for their charitable nature is unfair

Brief of the case:

The ITAT Bangalore in the case of Nanda Gokula vs. CIT held that denial of registration u/s 12AA by the CIT by considering only the ancillary objects is unfair, because it is the main objects of the trust which are required to be tested for their charitable nature. Ancillary objects are only a means to achieve the main objects which may not be charitable.

Facts of the case:

• Assessee a trust incorporated on 13.06.2008 filed an application for registration u/s 12AA of the Act on 07.01.2014. CIT required the assessee to furnish its financial statements for the years ending 31.03.2009, 31.03.2010, 31.03.2011, 31.03.2012 and 31.03.2013 and also a description of activities it is undertaking.

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