Section 12A(1)(ac)(vi)(B) — the law in short
What the courts have decided on section 12A(1)(ac)(vi)(B), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
-
JITO Incubation and Innovation Foundation v CIT (Exemption), Mumbai
ITATHelps taxpayerValidity unconfirmed
The CIT(E) refused my Form 10AB because the memorandum says the objects may be carried out in India 'and elsewhere'. Is a possible application of funds outside India a ground to refuse registration?
No. What the Commissioner has to satisfy himself about at the registration stage under s.12AB(1)(b) is the objects of the trust, the genuineness of its activities and compliance with other laws material to achieving its objects. Whether income has actually been applied within or outside India is a question that arises only when exemption under s.11 is claimed, and refusing registration on that ground is premature.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.