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Sec. 12AA undoubtedly requires the CIT to satisfy himself about the objects of the trust or institution and genuineness of its activities and grant a registration only if he is so satisfied.

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Sec. 12AA of Income-tax Act, 1961— Charitable trust—The object of the provision in question is to ensure that the activities undertaken by the Trust are not contrary to its objects and that a CIT is entitled to refuse registration if the activities are found contrary to the objects of the trust. In the case of assessee, the Trust had not spent any amount of its income for charitable purposes and this is a case of not carrying out the objects of the trust and not carrying on activities contrary to its object and these circumstances may arise for many reasons including not finding suitable circumstances for carrying on activities and undoubtedly the inaction in carrying out charitable purposes might also become actionable depending on other circumstances, therefore, matter was remanded back to CIT to consider the issue by exercising his powers under sub-s. (3) of s. 12AA, if the facts justify such actions — ANAND SOCIAL & EDUCATIONAL TRUST vs. CIT [2020] 313 CTR 369 (SC)

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