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2016 (5) TMI 68 - AT - Income TaxExemption on the principle of mutuality claimed - assessee-trust was not registered under section 12AA - Held that:- Admittedly, the assessee is a trust and it is not registered under section 12AA of the Act. The foremost object of the trust is to propagate the ideology of Sri Sathya Sai Baba by installing 108 padhugas. The trust deed also provides for installation of golden padhuga on 109th time. A bare reading of the trust deed clearly says that it is religious in nature and for the entire mankind of the world. The beneficiaries of the trust cannot be identified individually. The contention of the assessee is that a group of people are contributing for poojas and therefore, the benefits would go only to those persons who are contributing for the poojas. This Tribunal is unable to accept the contention of the assessee. Today 100 people may contribute for poojas and another day 200 people may contribute for the poojas. There is no restriction for the general public for participating in the poojas. There cannot be any identity among the people who are contributing for the poojas and the persons participating in poojas. The assessee is at liberty to receive donation or contribution from any individual across the society. In such a case, as rightly submitted by the learned Departmental representative, the individual beneficiaries of the trust cannot be identified, therefore, there is no question of applying the concept of mutuality. In fact, there is no mutuality in the transaction between the assessee and the individual beneficiaries. - Decided against assessee
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