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2015 (10) TMI 801 - AT - Income TaxRegistration U/s 12AA denied - as per CIT(A) object of the Trust are not charitable and the activities of the Trust are not genuine and consultancy charges receipts shown by Trust is income of its sole Trustee - Held that:- It is a fact that Shri Bhagwana Ram Bagaria is sole trustee of the assessee Trust for the life, is a qualified Doctor and an expert in joint replacement in orthopedic department. As per clause-12, the sole Trustee may at any time, dissolve the Trust and spend the entire income and corpus of the Trust for charitable purposes. This clause shows that trustee has given absolute power to dissolve the Trust and utilize the income as per his sweet will. Prima facie, it appears that Dr. Bagaria, sole trustee has used this device to avoid the tax payment of his professional income. Whatever evidence available on record shows that object of the Trust is neither charitable nor genuine. Therefore, we uphold the order of the learned Commissioner of Income Tax, Jaipur-II, Jaipur. - Decided against assessee.
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