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2014 (8) TMI 1036 - AT - Income TaxRegistration u/s 12AA denied - Held that:- The trust is not created for the benefit of particular community or caste. The object of the assessee trust is based on activity of both charitable and religious. In such a situation, the benefits are not meant for exclusively for a particular religious community. The trust will not be disqualified to claim the exemption u/s.12AA of the Act. The second objection of CIT is that no activity has been carried out by the assessee at a particular point of time. In this regard, the learned Authorized Representative drew our attention to the order of the Hon’ble High Court of Gujarat in the case of CIT Vs. Kutchi Dasa Oswal Moto Pariwar Ambama Trust (2012 (12) TMI 876 - GUJARAT HIGH COURT) wherein the activities of trust have not commenced, the Commissioner was persuaded to reject its application for registration. Matter was travelled before the Hon’ble Gujarat High Court wherein it was held that the Tribunal was right in granting relief to the assessee in similar set of facts. As stated above, this view is fortified by the ratio of Hon’ble Supreme Court in the case of Dawoodi Bohra Jamat (2014 (3) TMI 652 - SUPREME COURT ). In view of above, the assessee is entitled for registration u/s.12AA of the Act for both accounts as discussed above. - Decided in favour of assessee
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