SARAFA ASSOIATION Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS petition has been preferred against the order contained in Annex. P-10 passed by the CIT, Bhopal rejecting thereby an application for registration of the association under Section 12a of the IT Act, 1961. The trust has been admittedly created on 17th May, 1976 and an application for registration of the trust under Section 12a of the IT Act was made on 2nd July, 1998. Memorandum of trust is contained in Annex. P-2. Learned CIT vide order dt. 28th Jan. , 1999 contained in Annex. P-10 held that the claim of the petitioner for registration under Section 12a r/w Section 2 (15) of the said Act was not found acceptable. Accordingly, the application under Section 12a has been rejected by the impugned order which has been assailed in the present writ petition.

(2.) SHRI Sumit Nema, learned Counsel appearing for the petitioner contended that in view of the objects described in the memorandum of association contained in Annex. P-2, the petitioner is entitled to the registration under Section 12a of the Act. Per contra, Shri Rohit Arya, learned senior counsel (contended that) the impugned order contained in Annex. P-10 has been rightly passed and no interference is warranted.

(3.) CONSIDERED the submissions and perused the record.