JUDGMENT

Ritu Bahri, J.

This order shall dispose of six income tax appeals i.e. ITA Nos. 292-2018, 312-2018, 81-2020, 74-2021, 4-2022 and 222-2022 as the issue involved in all the appeals is identical. For the sake of brevity, facts are being extracted from ITA-292-2018.

2. The revenue has come up in appeal against the order dated 09.02.2018 (Annexure A-2) passed by the Income Tax Appellate Tribunal, New Delhi (hereinafter referred to as 'the Tribunal') whereby the appeals filed by the assessee were allowed by setting aside orders passed under Section 12AA and under Section 80G(5)(vi) of the INCOME TAX ACT , 1961 (hereinafter referred to as the 'Act, 1961').

3. The brief facts of the case are that the respondent-assessee is a trust, registered vide Deed dated 27.03.2015. The trust was started by the settler M/s. Veers Overseas Ltd., a limited company, which, in order to carry out its duties under the Corporate Social Responsibility (CSR), as provided under Section 135 of the COMPANIES ACT , 2013 created this trust. The objects of the assessee trust are in the nature of eradicating hunger and poverty, promotion of education, promoting gender equality etc. Apart from this it is also provided that the trust may carry on other activities as prescribed by the government in exercise of the powers conferred under clause (o) and (q) of Sub-Section 3 of Section 134 read with Section 135 and sub section (1) or (2) of section 469 of the COMPANIES ACT , 2013 shall also be perused. An application for grant of registration under section 12AA was filed before the CIT (exemption) Chandigarh, as on 28/03/2016. He rejected the application for grant of registration under Section 12AA of the Act, 1961 on the ground that the assesee trust has been formed by the settler M/s Veer Overseas Ltd. for the purpose of carrying out its CSR activities vide order dated 27.09.2016 and also rejected application under section 80G (v) holding that, the application is void ab initio in terms of provisions of Rule 11AA.

4. Heard learned counsel for the parties and perused the record.

5. The Tribunal has allowed the appeals of the respondent-Trust and has set aside the orders passed by the Commissioner of Income Tax (Exemption) Chandigarh dated 27.09.2016 under Section 12AA of the Act, 1961 and dated 28.09.2016 under Section 80G(5)(vi) Act, 1961 as per the detailed reasoning given in para No. 9 of the order dated 09.02.2018 (Annexure A-2) which is as under:-

"9. We have heard both the parties and perused the material available on record. It is pertinent to note that the reasons (i) and (ii) given by the CIT (exemption) is that the main aim appears to be forming a trust merely for complying to CSR requirements. When a trust is created for the purpose of carrying out CSR activities, the registration under section 12AA of the Income Tax Act, 1961 cannot be denied. Vide notifications dated 27/02/2014 the Ministry of Corporate affairs in the rules framed for the purpose of CSR has implicitly provided for forming the dedicated trust under sub rule 2 to rule 4. It has been stated as under:

"(2) The board of a company may decide to undertake it is CSR activities provide by the CSR committee, through the registered trust or a registered society or a company established by the company or its holding or subsidiary or associate under section 8 of the Act or otherwise."

Even Companies Act provide for compliance of CSR provision through a dedicated trust or society. Just because the trust has been formed for complying CSR requirements it cannot per se be the reasons for denying registration under section 12AA of the Income Tax Act. As regards the reasons (iii) given by