TMI Blog2016 (5) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... group of people are contributing for poojas and therefore, the benefits would go only to those persons who are contributing for the poojas. This Tribunal is unable to accept the contention of the assessee. Today 100 people may contribute for poojas and another day 200 people may contribute for the poojas. There is no restriction for the general public for participating in the poojas. There cannot be any identity among the people who are contributing for the poojas and the persons participating in poojas. The assessee is at liberty to receive donation or contribution from any individual across the society. In such a case, as rightly submitted by the learned Departmental representative, the individual beneficiaries of the trust cannot be ide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ojas and the members are contributing their respective shares, therefore, the benefits will go to those members who are contributing for the poojas hence, the principle of mutuality would be applicable. Referring to the order of the Commissioner of Income-tax (Appeals) for the assessment year 2004-05, learned counsel submitted that the Commissioner of Income-tax (Appeals) found that the assessee is eligible for exemption on the concept of mutuality. On appeal before this Tribunal, this Tribunal however, remanded the matter to the file of the Assessing Officer. Therefore, according to learned counsel, the assessee is eligible for exemption on the concept of mutuality in respect of the income even though the trust was not registered under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered the rival submissions on either side and also perused the material available on record. Admittedly, the assessee is a trust and it is not registered under section 12AA of the Act. The foremost object of the trust is to propagate the ideology of Sri Sathya Sai Baba by installing 108 padhugas. The trust deed also provides for installation of golden padhuga on 109th time. A bare reading of the trust deed clearly says that it is religious in nature and for the entire mankind of the world. The beneficiaries of the trust cannot be identified individually. The contention of the assessee is that a group of people are contributing for poojas and therefore, the benefits would go only to those persons who are contributing for the poojas. This Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e object of the trust is to perform poojas by installing padhugas of Sri Sathya Sai Baba for the benefit of entire mankind. In other words, the beneficiaries of the trust are the entire mankind and the individual beneficiaries cannot be identified. Therefore, this Tribunal is of the considered opinion that the judgment of the apex court in the case of CIT v. Bankipur Club Ltd. [1997] 226 ITR 97 (SC) may not be applicable to the facts of this case. Since the beneficiaries could not be identified and the trust is administered only by three trustees, the contributors, if any, may not have any role in the administration, therefore, there is no question of applying the concept of mutuality in the case of trust. In view of the above discussion, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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