2016 (8) TMI 518

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..... g the appeal, this court has framed the following substantial question of law: "Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the Dawoodi Bohra Community is a Public Trust for the benefit of public at large and consequently, the said Trust is entitled to registration under section 12A(a) r.w.s. 12AA of the Act?" This court ordered to hear this matter with Tax Appeal No. 1187 of 2006. 3. Tax Appeal No. 1187 of 2006 came up for consideration before this court on 28.11.2014 and the same was allowed where this court has held as follows: "3. The assessee is a trust run by one Dr. Syedna Mohammed Burhanuddin Saheb, Mumbai and was formed vide trust deed dated 24.04.2003. After examining .....

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..... ects of a trust as declared in the trust deed which would govern its right of exemption u/s. 11 or 12. It is the analysis of these objects in the backdrop of fiscal jurisprudence which would illuminate the purpose behind the creation or establishment of the trust for either religious or charitable or both religious and charitable purpose. 5.1 The Supreme Court in the said decision held that the High Court had erred in refusing to interfere with the observations of the Tribunal in respect of the character of the trust. Having said so, the Supreme Court proceeded to examine the question, whether the Courts below were justified in coming to the conclusion that the respondent-trust was a public religious trust and therefore, outside the purvie .....

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..... ng any elaborate reasons for the same as in the case of very same assessee i.e. Dawoodi Bohra Jamat (Supra), it is held by Honble the Supreme Court that respondent-trust was a charitable and religious trust which did not benefit any specific religious community and therefore, it could not be held that section 13(1)(b) of the Act would be attracted to the respondent-trust and thereby, it would be eligible to claim exemption u/s. 11 of the Act. Even otherwise there are concurrent finding of facts with which we also concur and therefore no elaborate reasons are required." 4. In view of above, without giving elaborate reasons, we are of the opinion that the issue is required to be answered in favour of the assessee and against the revenue. Acc .....

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