Assessee-trust filed application for registration of trust under section 12AB. Commissioner (E) denied same observing that various objects which were otherwise charitable in nature, were for benefit of a particular religious community i.e. Muslims only. On appeal the Tribunal held provisions of section 13 can be invoked by Assessing Officer while framing assessment and not by Commissioner while considering application for registration under section 12A/12AB. Accordingly the order is set aside and CIT( E) is directed for de novo consideration with direction not to disentitle assessee for grant of registration. Followed, CIT( E) Bayath Dasha Oswal Jain Mhajan Trust (2016) 243 Taxman 60 ( Guj)( HC). (AY. 2022-23)
Anjuman E Nusratul Muslimin Tankaria v. CIT (2024) 206 ITD 781 (Ahd)(Trib.)
S. 12AB: Procedure for fresh registration-Denial of exemption-Religious trust-Provisions of section 13 can be invoked by Assessing Officer while framing assessment and not by Commissioner while considering application for registration under section 12A/12AB. [S. 13, 12A, 13, Form No.10AB]