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2015 (4) TMI 263 - GUJARAT HIGH COURT

2015 (4) TMI 263 - GUJARAT HIGH COURT - TMI - Registration certificate under Section 12AA - whether on the ground that the trust deed does not provide for "dissolution clause", whether the Commissioner can deny the registration under Section 12AA? - Held that:- As respondent-trust has stated that as such the respondent-trust had already applied for amendment in the trust deed providing "dissolution clause" and the same is pending before the learned Charity Commissioner.

The impugned .....

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-trust to grant the registration certificate under Section 12AA of the Act on the same terms and conditions on which the registration certificate has been granted in the case of Shree Bai Education and Charitable Trust, Manavadar - Decided in favour of assessee for statistical purposes. - Tax Appeal No. 830 of 2014 - Dated:- 25-3-2015 - M. R. Shah And S. H. Vora,JJ. For the Appellant : Mr Pranav G Desai, Adv. For the Respondent : Mr Asit B Joshi, Adv. ORDER (Per : Honourable Mr. Justice M. R. Sh .....

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to as "the Act"), the appellant-revenue has preferred the present Tax Appeal. (2.0) We have heard Shri Pranav Desai, learned advocate appearing on behalf of the appellant-revenue and Shri Asit Joshi, learned advocate appearing on behalf of the respondentassessee- trust. From the order passed by the Commissioner of Income Tax, Rajkot it appears that the application submitted by the respondent-trust for registration certificate under Section 12AA of the Act came to be rejected mainly / .....

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respondent-trust is registered with the subregistrar and, therefore, registration under Section 12AA of the Act cannot be denied. However, the main issue, whether on the ground that the trust deed does not provide for "dissolution clause", whether the Commissioner can deny the registration under Section 12AA of the Act is a large question, which is at large before this Court. (3.0) Today, when the present Tax Appeal is taken up for final hearing, Shri Asit Joshi, learned advocate appea .....

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