Section 12A - Page 7

No charity in providing assistance to entrepreneurs for fees in setting up industries

Tamil Nadu Industrial Guidance & Export Promotion Bureau Vs Assistant Director of Income Tax (ITAT Chennai)

In the instant case, the assessee although an extended arm of State Government formed as a society to carry out charitable activities in the nature of 'general public utility' is in fact providing assistance to industrial houses and entrepreneurs for setting up of industry in the State of Tamil Nadu. The assessee facilitates in providing ...

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Carrying IPL matches is not a Charitable Activity

The Tamil Nadu Cricket Association Vs. The Director of Income-tax (ITAT Chennai)

In addition to the regular cricket matches, the assessee is conducting commercially oriented matches like Indian Premier League (IPL). Players of IPL teams are selected by sponsors to play under their brand names. Players are selected through auctions. Players choose that sponsor which offers the highest amount of money. IPL Matches are p...

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Mere earning of surplus income in carrying out charitable activities would not render activities of trust as non-charitable

PIMS Medical & Education Charitable Society Vs CIT-II (ITAT Chandigarh)

At the time of registration proceedings u/s 12A r.w. section 12AA of the Act, the CIT is statutorily required to examine and satisfy himself as to the genuineness of the activities of the Trust or institution, carried on, in consonance with its objects. The objects of the trust or institution must conform to the definition of 'Charitable ...

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CIT can cancel registration of trust granted under Section 12A only wef 01.06.2010

Agra Development Authority Vs Commissioner of Income Tax-1 (ITAT Agra)

One of the contention of the ld. Departmental Representative that Section 12AA(3) has been amended w.e.f. 01.06.2010 wherein power has been given to cancel registration under section 12A(1) of the Act. In that case the CIT cancelled registration under section 12A of the Act after 01.06.2010, therefore, the fact is different than case unde...

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Registration U/s. 12A not to be denied if objects of trust are charitable

Sri Gomandir Seva Trust Vs Commissioner of Income-tax, Sambalpur (ITAT Cuttack)

Tribunal vide their order dt.12.9.2011 had noted all the facts finding when it was the endeavor of the learned CIT to limit himself to satisfy about the charitable nature of the objects of the Trust and find the genuineness of the activities of the Trust. The undisputed fats are that the learned CIT in the second innings has reiterated th...

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Even if trust receipt exceed Rs.10 lakh AO can deny exemption but cannot cancel its registration

Madras Motor Sports Club Vs Director of Income-tax (Exemptions) (ITAT Mumbai)

Order of ld. DIT(E) has clearly mentioned that assessee's objects were in the nature of advancement of object of general public utility coming within the ambit of Section 2(15) of the Act. He had cancelled the registration only for the reason that the receipts exceeded Rs. 10 lakhs. ...

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Application for registration u/s. 12A once rejected cannot be restored

M/s. Kadakkal Educational Trust Vs Commissioner of Income Tax (Kerala High Court)

The only issue that arises for consideration is whether the view taken in Exts.P11 and P13 is illegal. Ext.P9 judgment has attained finality. In that judgment, it has been specifically found that Ext.P2 application was not pending. It was therefore that the petitioner sought restoration of Ext.P2. ...

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ITAT may condone delay in filing of application u/s.12A due to irregularity of ex-official of applicant

Director of Income Tax Vs Vishwa Jagriti Mission (Delhi High Court)

In the present case, the Tribunal has found that the assessee-society has taken prompt remedial action and put Sikri on the dock and he also admitted his fault, though he tried to shift the blame to his employee whose whereabouts were never known. Even in his bail application he had confessed to his role in the alleged irregularities and ...

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Before start of an activity CIT cannot question genuineness of the same to deny registration u/s. 12AA

Commissioner of Income Tax-I Vs Kutchi Dasa Oswal Moto Pariwar Ambama Trust (Gujarat High Court)

Under section 12AA of the Act, the Commissioner has to satisfy himself about the objectives of the trust and the genuineness of its activities. For such purpose, he has the power to call for such documents or information from the trust as he think are necessary. ...

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Exemption u/s. 10(23C)(vi) can be claimed without applying for registration u/s. 12A

Commissioner of Income Tax Vs Jeevan Deep Charitable Trust (Allahabad High Court)

In our considered opinion, exemption under Section 10(23C)(vi) of the Act can be claimed by an assessee without applying for registration under Section 12A of the Act as it is not required to fulfil the conditions mentioned under Section 11 of the Act while claiming exemption under Section 10(23C) (vi) of the Act. ...

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