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2017 (3) TMI 1640 - AT - Income TaxRejecting application for registration u/s 12AA - proof of charitable purposes - object of trust - registration certificate of Gujarat State Wakf Board - Held that:- We noticed that the assessee trust is based on religious tenets under the Quran and according to the religious faith of Islam. Further we noticed that assessee trust has been reristered with the Gujarat State Wakf Board as per Bombay Public Trust Act, 1950. As per the object of the Wafk surplus income after meeting the administrative expensesand repair work of wakf assests would be used for all the purposes(Religious or charitable). We have noticed that The Wakf Act, 1950, applicable for all over Gujarat State and as per the provision of this act Gujarat state Wakf Board has registered the assessee trust since 1992. As gone through the registration detail mentioned under the particulars as wakf name and address, Shiya and Sunni, Mutvalli/Manager’s name and address, Objects of the Waqf, how to appoint manager and address of Wakf etc.. The above mentioned information and documents indicate the existence of trust as per the registration certificate of Gujarat State Wakf Board which certify the object of the trust, appointment of managers etc. as elaborated above in this order, therefore, we considered that looking to the nature of trust no separate trust deed is required. In view of above mentioned facts and legal findings, we do not justify the decision of DIT(E) to reject the application of the assessee trust u/s. 12AA of the act therefore, the appeal of the assessee is allowed.
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