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2017 (6) TMI 1048 - HC - Income TaxNon grant approval u/s. 10(23C)(vi) - Tribunal directing the CIT(E) to grant approval - Held that:- Trust has been in existence since long and is engaged exclusively in the activities of education purposes. The Commissioner was not correct in holding that the Trust had not satisfied the condition of section 10(23C)(vi) of the Act. Even if the requirement that Trust must exist solely for educational purpose and not for purposes of profit is to be strictly complied, in the present case, the trust deed provided sufficient safeguard in this regard. Clause (a) of the trust deed envisaged the object of the Trust to spread amongst people of Dharmaj education and to employ suitable means for the spread of intellectual, physical and moral education. Clause (b) pertains to collection of funds, to accept trust funds and to execute them for the accomplishment of the above mentioned aim. Clause (c) merely enable the Trust to manage any public institution of the village. This clause cannot be divorced from the earlier two clauses as to allow a freehand to the Trust to involve itself into management of any public institution irrespective of the fact whether it is engaged in education activity or not?. Tax Appeal is dismissed.
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