TMI Blog2015 (4) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... No.4509/Mum/2013 - - - Dated:- 22-4-2015 - D. Manmohan Rajendra Assessee by: Shri B.V. Jhaveri (AR Revenue by: Shri Santosh Kumar- (CIT-DR) 22-04-2015 Order u/s.254(1)of the Income-tax Act,1961(Act) PER RAJENDRA, AM- Challenging the order dt.22/04/2013 of the Director of Income tax-Exemption Mumbai (DIT-E), assessee has raised following Grounds of Appeal: 1) The learned Director of Income Tax (exemption) erred in rejecting the application of registration under section 12AA of the Income Tax Act, 1961 filed by the applicant trust. 2) The learned Director of Income Tax (exemption) erred in not considering the provisions of Bombay Public Trust Act, 1950 which itself provides for the procedure to be followe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the submissions made vide letter dated 22.02.13 and letter dated 15.04.213. 7) Your applicant craves leave to add, alter or amend any of the grounds of appeal stated above . 2.Effective ground of appeal is about rejecting the application of registration filed by the assessee. Vide its application,dated 4.10.2012,the assessee requested the DIT-E to grant registration.By his notice,dt.9.1.2013,he directed assessee to furnish certain detail/documents including the note on activities undertaken by it.He also directed the managing trustee to attend his office on 5.10.2013. After considering the submission of the assessee,the DIT-E held that in order to be eligible for registration the assessee had to be validly constituted public c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registered with the charity commissioner Mumbai under Bombay Public Trust Act on 25/5/2005, that it made an application for registration u/s. 12A of the Act on 4.10. 2012,that under the clause 13(f) of the deed it was clearly mentioned that the trust was irrevocable for all time,that as per clause 13(a)of the deed the trustees were empowered to take over/amalgamate with any other trust society or institution,that there was no need to provide for a separate dissolution clause in the deed, that the registration u/s. 12AA of the Act could not be disallowed on the basis of absence of dissolution clause.The AR relied upon the case of Tara Edu -cation and Charitable Trust(ITA/1247/Mum/2013 dt.18.7.2014 AY 2013-14).He also relied upon case of Gee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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