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2018 (7) TMI 1618 - ITAT DELHIGrant of registration u/s 12AA denied - President and the Managing Trustee were to be chosen from the two families viz. family of late Shri Moti Ram Ghiraiya and late Shri Lala Dhanik Ram Ghiraiya and as per the Ld. C.I.T. (E), this was in the nature of revocable transfer which was not permissible in view of section 63 - Held that:- In the case of Smt. Mansukhi Devi Bihani Jan Hitkari Trust [2004 (2) TMI 302 - ITAT JODHPUR] it has been held that the Trust could not be denied registration u/s 12AA of the Act merely on the ground that the Board of trustees was to be constituted of family members. As we have already noted, the Ld. Commissioner of Income Tax (E) has not examined the assessee’s application for registration in light of the genuineness of the objects of the Trust. Accordingly, we deem it fit to restore the issue to the file of the Ld. C.I.T. (E) with a direction to re-examine and reconsider the assessee’s application for registration after duly examining the objects of the assessee trust and also after duly considering the order above - decided in favour of assessee for statistical purposes.
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