9911796707
TMI Blog2014 (7) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... nbsp; a) some of the clauses/Sub-clauses of the appellant is not in accordance with the "Indian Trust Act, 1882" and b) construction of a school building and operation of a school is for commercial activities. 2.1 BECAUSE the "Indian Trust Act 1882" as per definition given in section 3 of the said Act, is applicable to a private trust only, which is created by an author for the benefit of a particular person and the said act does not extend to a charitable trust formed for carrying out charitable activities and the view taken by the Ld. CIT is wholly erroneous and misplaced. 2.2 BECAUSE under no circumstances the definitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the facts, law and principles of Natural Justice." 3. It was submitted by Learned A.R. of the assessee that in the present case, CIT(A) has rejected the application of the assessee for registration u/s 12AA of the Act on the basis that the assessee has not complied with certain provisions of Indian Trust Act, 1882. He submitted that the provisions of Indian Trust Act, 1882 are applicable in respect of private trust and not in respect of Public Trust, which is governed by section 92 of CPC. He further submitted that the purpose of granting registration u/s 12AA of the Act, the CIT is required to satisfy himself about the objects of the trust and the genuineness of the activities of the trust and he is not supposed to decide the complian ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivities, we are of the considered opinion that as per the provision of section 12A, only a trust or institution is eligible for registration u/s 12AA. It is not the case of the assessee that the assessee is not a trust but an institution. The assessee also says that it is trust but the provisions of Indian Trust Act, 1882 are not applicable in the case of the assessee because it is public charitable trust and not a private trust. It is the argument of the assessee that to the assessee trust, the provision of section 92 of CPC are applicable and not the Indian Trust Act, 1882. But at the same time, we find that no such argument was made before the CIT that Indian Trust Act, 1882 is not applicable to the assessee and the assessee is governed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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