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Case Law Details

Case Name : Dr. NT Ghatte Charitable Trust Vs. CIT (Exemption) (ITAT Pune)
Appeal Number : ITA No. 1125/Pun/2019
Date of Judgement/Order : 13/10/2020
Related Assessment Year :
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Dr. NT Ghatte Charitable Trust Vs. CIT (ITAT Pune)

Merely because the trust has not spent any amount of its income for charitable activities and the fact that the trust has not spent any amount of income for charitable purpose does not amount to carrying on the activities contrary to its objects.

The submission of the learned Commissioner–Departmental Representative the matter be remanded to the learned Commissioner (Exemption) for fresh examination cannot be acceded to for the reason that it amounts to ordering fresh enquiry which is not permissible under the law. In the light of the above discussion, we direct the learned Commissioner (Exemption) to grant registration of the appellant trust under section 12AA of the Act.

FULL TEXT OF THE ORDER OF ITAT PUNE

This is an appeal filed by the assessee trust against the order of ld. Commissioner of Income Tax (Exemption), Pune dated 22.06.2019 passed u/s 1 2AA( 1) (b) (ii) of the Income Tax Act, 1961 (for short “the Act”) denying the registration u/s 12AA of the Act.

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