Authority for recording of satisfaction for grant of registration u/s 12AA-High Court upheld ITAT satisfaction

Authority for recording of satisfaction for grant of registration u/s 12AA-High Court upheld ITAT direction for registration of Charitable Institution.

ABCAUS Case Law Citation:
ABCAUS 2250 (2018) (03) HC

Recently, a Division Bench of Hon’ble the Allahabad High Court had held that the Tribunal has no jurisdiction in law to direct for registration of the Trust without there being satisfaction recorded by the Registering Authority as contemplated by Section 12 AA of the Act.

In the present case, the another Division Bench of the Hon’ble High Court has upheld the order of the ITAT in directing the registration u/s 12AA.

The appellant Revenue challenged the order of the Tribunal contending that the Tribunal could not have simply given a direction for registration as a Charitable Institution or have allowed its application under Section 12AA of the Act without recording its satisfaction and if the Tribunal was satisfied, it should have remanded the matter back to the CIT for recording his satisfaction as it is the satisfaction of the registration authority which is mandatory.

Hon’ble High Court opined that when the Tribunal had returned a finding that it was satisfied that the assessee had already started and commenced its charitable activities which had also been noted by the Commissioner, it was sufficient to allow the application at registration stage under Section 12AA.