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Commissioner Of Income Tax (E) Versus Tsurphu Labrang

2016 (9) TMI 307 - DELHI HIGH COURT

Registration as a Trust under Section 12AA cancelled - Held that:- It was stated that the objects of the trust were wholly charitable and religious in nature. The ITAT has in its impugned order set out in some detail the contents of the said affidavit regarding the creation of the Trust in Central Tibet in 1159 AD and its objectives and activities over the years. The Court concurs with the ITAT that a formal deed of trust was not necessary for the grant of registration under Section 12A/12AA of .....

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me of its establishment. As further rightly pointed out, the stage for examining if the income of the Trust was being applied for its objects would arise only when a return of income is filed by the Trust. The said issue would not affect the grant of registration. - Whether the fact that the 17th Karmapa who is the supreme head of the Trust was taking food and clothes and meeting his basic needs from the funds of the Trust resulted in a violation of Section 13 of the Act? - Held that:- The .....

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ana Choudhury, Advocates. O R D E R CM APPL. 27284/2016 (Delay) 1. For the reasons stated in the application, the delay in re-filing the appeal is condoned. The application is disposed of. ITA 484/2016 2. This is an appeal filed by the Revenue challenging the order dated 8th September, 2015 passed by the Income Tax Appellate Tribunal ("ITAT") in ITA No. 4941/Del/2011 for the Assessment Year 2011-12. 3. By the impugned order the ITAT has set aside the order of the Director of Income Tax .....

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n for grant of exemption. In the impugned order, the ITAT referred to Rule 17A (a) of the Income Tax Rules, 1962 which itself envisages the possibility of the Trust being created otherwise than under an instrument in which event it is sufficient if the document evidencing the creation of the trust or the establishment of the institution, together with one copy thereof is provided. The proviso to Rule 17A(a) permits the Commissioner to accept even a certified copy in lieu of the original if the i .....

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n 29th day of March, 2011 at Delhi setting out the entire history of the Trust along with aims, objects and purposes. Various provisions with regard to the management of the Trust and its properties and the maintenance of accounts etc. were also set out. It was stated that the objects of the trust were wholly charitable and religious in nature. The ITAT has in its impugned order set out in some detail the contents of the said affidavit regarding the creation of the Trust in Central Tibet in 1159 .....

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