TMI Blog2014 (7) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... ns) has clearly gone beyond the scope of enquiry contemplated u/s 12A of the Act and has refused to grant the registration u/s 12A of the Act to the assessee Trust on a totally irrelevant ground without pointing out as to how he was not satisfied either about the object of the Trust or the genuineness of its activities – order of the DIT(E) set aside – Decided in favour of Assessee. - I.T.A. No. 1247/Mum/2013 - - - Dated:- 18-7-2014 - Shri H. L. Karwa And P. M. Jagtap, AM,JJ. For the Appellant : Ms. Reshmarani J. Nathani For the Respondent : Shri Rajesh Ranjan Prasad ORDER Per P. M. Jagtap, A.M. : This appeal filed by the assessee is directed against the order of ld. Director of Income Tax (Exemptions), Mumbai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ptions) did not find merit in the explanation of the assessee and rejected its application for registration u/s 12A of the Act for the following reasons given in para 4 of his impugned order:- I have considered the submissions of the applicant but the same are not acceptable. Section 18 of the Bombay Public Trusts Act, 1950 only prescribes the manner of making an application for registration and the particulars to be furnished in such application. It is nowhere mentioned in Section 18 that dissolution clause is not required in a Trust Deed creating a public trust. In order to determine whether a particular trust is a public trust within the meaning of Section 2(13) of the Bombay Public Trusts Act, 1950 we have to see whether the benefic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed does not contain the so-called dissolution clause . As per the provisions of section 11 12 of the Act, income derived from property held for charitable or religious purposes and income of Trusts or Institutions from contributions are exempt from tax provided such Trusts or Institutions are registered u/s 12A of the Act. The procedure for registration u/s 12A is prescribed in section 12AA of the Act which provides that the Commissioner, on the receipt of an application for registration of a Trust or Institution made u/s 12A, shall call for such information from the Trust/Institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the Trust/Institution and may also make such inquiries as deemed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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