TMI Blog2023 (7) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... 2014 (7) TMI 869 - ITAT MUMBAI] and Geeta Lalvani Foundation [ 2015 (1) TMI 1368 - ITAT MUMBAI] - Decided in favour of assessee. - ITA No. 297/Del/2021 - - - Dated:- 14-7-2023 - Shri Chandra Mohan Garg, Judicial Member And Dr. B.R.R. Kumar, Accountant Member For the Assessee : Shri Atreya G.C, Adv. For the Revenue : Ms. Sapna Bhatia, CIT(DR) ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of CIT(Exemption) Chandigarh dated 16.09.2020 for AY 2020-21. 2. The grounds of assessee are as follows:- I. THAT the impugned order passed by the learned Commissioner of Income Tax (Exemption) unjust and arbitrary, contrary to provisions of law and facts available on record. II. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of facts ignoring the provisions of Income tax Act 1961. 4. Further placing reliance on the order of ITAT Mumbai dated 02.01.2015 in the case of Geeta Lalvani Foundation vs. DIT(E) in ITA No. 3566/Mum/2013 for AY 2013-14 the ld. counsel submitted that nothing has been brought on record, except alleging that there is no dissolution clause in the trust deed, that the same is a mandatory clause of dissolution of any trust. Further placing reliance on the order of ITAT Mumbai Bench dated 14.07.2014 in the case of Tara Educational Charitable Trust vs. DIT(E) the ld. counsel submitted that the ld. DIT(E) has gone beyond scope of enquiry while rejecting application of assessee on the ground that its trust deed does not contain dissolut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aritable objects of the assessee and the genuineness of its activities. Therefore in our humble opinion although the inclusion of dissolution clause in the trust deed is not mandatorily required and absence of such clause cannot be a sole basis for rejecting application seeking registration u/s. 12AA of the Act. This conclusion also gets support from the judgement of Hon ble Bombay High Court in the case of CIT(E) vs Tara Educational Charitable Trust (supra) and order of ITAT Mumbai Bench in the case of Geeta Lalvani Foundation (supra) therefore the sole basis for rejection of registration u/s. 12AA of the Act taken by the ld. CIT(E) is not correct, valid and sustainable thus the same is dismissed and the ld. CIT(E) is directed to grant r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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