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2019 (9) TMI 636 - RAJASTHAN HIGH COURTClaim for registration u/s 12AA - division of the property - whether Constitution/ Bye-laws of the Trust is not having any provision in relation to disbursement of balance funds in the eventuality of the dissolution of Trust ? - HELD THAT:- This Court is of the opinion that the absence of dissolution clause or condition – as rightly contended by the assessee, is an uncertain future event. Further-more, given that the property is vested in a public charitable trust, it is always open to the concerned party – including the Revenue, to approach the Civil Court for a remedy under Section 91-92 of the Code of Civil Procedure. Court noticed the situation contemplated by the Commissioner of Income Tax (Exemption), has now taken care of in any way under Section 115(TD)(c) brought into force w.e.f. 1st June, 2016. Decided in favour of assessee and against the revenue.
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