2015 (2) TMI 900

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..... . Mr. J. V. Prasad, learned senior standing counsel for Income-tax appearing on behalf of the appellant insists that the appeal should be admitted on the following suggested questions of law :              "(1) Whether, on the facts and in the circumstances of the case and having regard to the decision of the hon'ble Supreme Court in CIT v. Kamla Town Trust [1996] 217 ITR 699 (SC), the Tribunal is correct in law in holding that amendment of the trust deed need not be made by approaching the appropriate civil court ?             (2) Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law .....

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..... xemptions), any amendment, alteration, changes or modifications to the provisions of the trust deed may be carried out in such a way that they shall not alter the basic character and charitable objects of the trust.               19. The trustees subject to clause 18 supra, shall have power by two-thirds majority decision to add or alter of the objects for which this trust is constituted provided that such additional or altered object is of charitable nature falling within the definition thereof under the relevant provisions of the Income-tax Act, 1961. The trustees shall have power at any time by two-thirds majority decision to add or alter any of the other presents of this .....

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..... the original trust deed either by the settlor himself by executing a supplementary deed or by getting it rectified through competent civil court under the relevant provisions of the Specific Relief Act, the trustees would be bound to carry out the amended and rectified objects of the trust and if they fail to do so they would be guilty of breach of trust for which even proper proceedings can be initiated against them under section 92 of the Code of Civil Procedure." Thus, in the aforesaid decision of the hon'ble Supreme Court, nowhere it is stated that, in spite of having power to amend the trust deed, the trustees have to approach the civil court and get it rectified and such rectified trust deed is a binding instrument. Therefore, we .....

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