COMMISSIONER OF INCOME TAX Vs. SAVIOR CHARITABLE TRUST

JUDGEMENT

(1.) THE Revenue is in appeal under Section 260A of the Income Tax Act, 1961 (for short 'the Act') arising out of an order passed the Income Tax Appellate Tribunal, Delhi Bench 'I' New Delhi (for short 'the Tribunal) on 20.08.2010 in ITA No.1168/Del/2007, in respect of registration of assessee as a charitable trust under Section 12A of the Act.

(2.) THE Revenue has raised four substantial questions of law, but in our opinion, the following substantial question of law arises for consideration: -

(3.) THE learned Tribunal in an appeal set aside the order dated 29.12.2006 of the Commissioner of Income Tax (Annexure A - 1) and returned a finding that such can not be ground to decline registration but it should be left with the Assessing Officer to examine the same at the time of the making assessment as to whether the donation was given towards the object of the trust or not. It was found that the exemption would not available to an assessee if the Assessing Officer is satisfied about the genuineness of the activities promised or claimed to be carried out in each financial year relevant to the assessment year.