S. 12AA : Procedure for registration –Trust or institution-
Alleged misuse of funds is not a ground for refusing registration [ S.11, 12A]
S. 12AA : Procedure for registration –Trust or institution-
Alleged misuse of funds is not a ground for refusing registration [ S.11, 12A]
S. 12AA : Procedure for registration –Trust or institution-Rejection of application for failure to produce Trust deed was held to be not justified , when the assessee was registered under State Wakf Board R. 17A ]
S. 12AA : Procedure for registration –Trust or institution-Genuineness of activities of the asessee was not doubted hence refusal of registration was held to be not justified [ S. 12A ]
S. 12A : Registration –Trust or institution- Excess of income over expenditure, which was transferred to its reserve and surplus account cannot be assessed as income -First proviso to section 12A(2) inserted by Finance (No. 2) Act, 2014 with effect from 1-10-2014, has to be applied retrospectively. [ S. 2(15), 10(23C)(vi), 11(5) ]
S. 12A : Registration –Trust or institution- Registration can not be refused on the ground of non –production of books of accounts . [ S. 2(15), 11]
S. 12A : Registration –Trust or institution- Denial of exemption was held to be not justified , when the exemption was allowed consistently – Rejection of SLP cannot be construed as having effect of elocution of law by Supreme Court [ S. 2(15) 11 ]
S. 12A : Registration –Trust or institution- Appeal before CIT(A) is continuation of original assessment proceedings —.Proviso to S.12A(2) is declaratory and will have and has retrospective effect [ S. 11]
S. 12A : Registration –Trust or institution- Though the object is charitable the assesse has not carried out any charitable activity of general public utility by utilising the funds which are meant for charitable purpose hence not entitle to exemption .[ S. 2(15) ]
S. 12A : Registration –Trust or institution- Charitable purpose- The CIT has no power to cancel/withdraw/recall the registration certificate granted u/s 12A until express power to do so was granted by s. 12AA(3), till 1-10-2014. S. 21 of the General Clauses Act cannot be applied to support the order of cancellation of the registration certificate [General clauses Act, S. 21]
S. 11 : Property held for charitable purposes – Charitable purpose -Mere passing book entries cannot be considered as held to be f—Depreciation- [ S. 2(15, 12, 32 ]