TMI Blog2014 (9) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord to show that the management of the trust has been taken over by the society, or that the property of the trust, post registration as society, belongs to the society – there was no mistake likely to occur on grant of further exemption u/s 80G - The assessee are the indeterminate beneficiaries - the order passed by the CIT is cancelled - The application filed by the assessee trust is allowed - CIT is directed to grant exemption u/s 80G of the Act to the assessee – The order of the Tribunal is upheld – Decided against revenue. - ITA No. 115 of 2014 (O&M) - - - Dated:- 8-7-2014 - Ajay Kumar Mittal And Jaspal Singh,JJ. For the Appellant : Mr. Tejinder K. Joshi JUDGMENT Ajay Kumar Mittal,J. 1. This appeal has been prefe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mption under Section 80G of the Act was filed by the applicant on 22.6.2009. Perusal of the documents filed by the applicant trust revealed that the trust deed was made on 14.4.1976 in favour of Smt.Rattan Kaur Memorial Educational and Charitable Trust. This deed was got registered under section 12A as charitable trust with CIT, Rohtak vide order dated 6.3.1978. Later, a society was formed with Memorandum of Association, Rules and regulations. The applicant trust got it registered with the Registrar of societies vide certificate of registration dated 23.10.1981 in favour of Rattan Kaur Memorial Education and Charitable Trust, Faridabad with the same name as that of the old trust. The assessee was asked vide order dated 4.12.2009 to explain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the trust and those of the society are similar. No, be it a trust or a society, the legal status of either is that of a body of individuals and the benefit in either case inures to the same indeterminate public. Neither the trust nor the society, by itself, is a 'person' under section 2(31) of the Act. 15. Moreover, there is nothing on record to show that the management of the trust has been taken over by the society, or that the property of the trust, post registration as society, belongs to the society. Undisputedly, the board of Trustees are the same. The property, as earlier, continues to be held under trust for pro bono publico or for the benefit of the public. As such, there is no transfer of ownership of property and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r on grant of further exemption under Section 80G to the applicant trust. As seen, there has come about no change in facts or circumstances. Merely registration as a society does not disentitle the applicant from the exemption claimed, has deliberated upon hereinbefore. 18. Therefore, the grievance sought to be raised by the assessee is found to be justified and is accepted as such. The assessee in fact in this case, are the indeterminate beneficiaries. Accordingly, the order passed by the learned CIT is cancelled. The application filed by the assessee trust is allowed. The learned CIT is directed to grant exemption under section 80G of the Act to the assessee in accordance with law. 7. The findings recorded by the Tribunal have not b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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