TMI Blog2014 (10) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... AKA HIGH COURT] - CIT had rejected the registration of the Trust at the threshold - The reasons given by the Original Authority are not in consonance with the provisions of the Income Tax Act - when there is an ample power under the law to rectify the error by cancelling the registration of the trust if there is any breach of the objects of the Trust, the Tribunal is right in setting aside the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght in following the ratio laid down by the Karnataka High Court in the caseof Meenakshi Amma Endowment Trust (2011) 50 DTR (Kar.) 243 2. The assessee is a charitable trust constituted under Deed of Trust dated 07.10.2011. The objects of the trust are to promote education, provide medical relief to the poor etc. The assessee had made an application for registration of Trust under Section 12 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved by the said order of the Tribunal, the Revenue has filed the present Tax Case (Appeal). 4. Mr.R.Kumar, learned counsel takes notice for the respondent/assessee. Both the learned standing counsel appearing for the Revenue and the learned counsel appearing for the assessee fairly submits that the issue involved in this appeal is covered by a decision of this Court in T.C.(A)No.975 of 2013 dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the trust and to subserve the interest of the trust, then it is open to the authority to cancel the registration of the trust or the institution. 5. In the present case also, the Commissioner of Income Tax had rejected the registration of the Trust at the threshold. The reasons given by the Original Authority are not in consonance with the provisions of the Income Tax Act. When there is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
