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2015 (5) TMI 5 - GUJARAT HIGH COURT

2015 (5) TMI 5 - GUJARAT HIGH COURT - TMI - Necessity of dissolution clause in the deed of charitable trust - whether the assessee is a public charitable trust, should the deed not have a clause that upon dissolution no asset will go to any trustee, donor settler etc.? - Held that:- When the trust deed specifically provides for a closure of the trust and it specifically provides that if necessary to close the trust, than the property of the trust be handed over to other institution - trust havin .....

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e shall always be after obtaining appropriate permission from the Charity Commissioner under the Bombay Public Trust Act. Thus the substantial questions of law raised/framed are not required to be answered and are accordingly not answered. - Tax Appeal No. 548/2014 - Dated:- 24-3-2015 - M. R. Shah And S. H. Vora,JJ. For the Appellants : Mrs Mauna M Bhatt, Adv. For the Respondents : Mr Tushar P Hemani & Ms Vaibhavik K Parikh, Advs. ORDER (Per : Honourable Mr. Justice M. R. Shah) 1. Feeling ag .....

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following substantial questions of law. "A. Whether the appellate Tribunal has substantially erred in setting aside the order of DIT (E) holding that dissolution clause is not necessary in the deed of charitable trust? B. Whether in view of the fact that the assessee is a public charitable trust, should the deed not have a clause that upon dissolution no asset will go to any trustee, donor settler etc.?" 2. We have heard Shri M.R. Bhatt, learned counsel appearing on behalf of the appel .....

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he provisions made in the trust deed itself, in the eventuality, the trust is closed. 4. It is required to be noted that as such, the decision of the learned Tribunal in the case of Shri Chargam Dasha Porwad Mahamandal in ITA Nos.337 and 338/Ahd/2013 has been confirmed by the Division Bench of this Court vide order dated 18.2.2014 passed in Tax Appeal No.1147 of 2013 with Tax Appeal No.1148 of 2013. 5. Considering the fact that in the case of the respondent trust, as such, the trust deed does pr .....

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