Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2012 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (9) TMI 369 - AT - Income TaxCharitable purpose u/s 2(15) - Cancellation of Registration u/s 12AA(1)(b)(iii) - the object pertaining to the maintenance of the park has been struck down by the Charity Commissioner - Held that:- On going through the remaining object of the trust, read with the provisions of sections 2(15), 12A, 12AA it is found that there has been compliance to section 12A as required under the provisions, so far as provisions of section 2(15) are concerned that the amendment talks about preservation of environment. In the place like Mumbai, where we are encountered only with tall buildings and sky scrapers, a park is maintained and developed which not only gives fresh air but invites the people at large to come, enjoy and spend time in the company of fresh grass, flowers, and gives a breath of fresh air, would certainly fall within the words, "preservation of environment", because if the assessee trust had not come forward to maintain it, it may have been used by other nefarious and unhealthy elements, which would otherwise, make the environment unhealthy. No doubt, the specific clauses have been struck out by the Charity Commissioner, under the Trust Act, but still the object would fall in the ambit of clause (8) mentioning about the benefit of the locality residents and the environment - assessee trust must be granted the registration u/s 12AA - in favour of assessee.
|