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Registration U/s. 12AA cannot be Rejected on the ground that trust formed to carry out CSR activities
Case Law Details
- Case Name
- Nanak Chand Jain Charitable Trust Vs CIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All ITAT, ITAT Delhi
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Nanak Chand Jain Charitable Trust Vs CIT (ITAT Delhi)
Reasons (i) and (ii) given by the CIT (exemption) for rejection of Registration U/s. 12AA is that the main aim appears to be forming a trust merely for complying to CSR requirements. When a trust is created for the purpose of carrying out CSR activities, the registration under section 12AA of the Income Tax Act, 1961 cannot be denied. Vide notifications dated 27/02/2014 the ministry of Corporate affairs in the rules framed for the purpose of CSR has implicitly provided for forming the dedicated trust under sub rule 2 to rule 4.
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