TMI Blog2017 (6) TMI 1048X X X X Extracts X X X X X X X X Extracts X X X X ..... ongst people of Dharmaj education and to employ suitable means for the spread of intellectual, physical and moral education. Clause (b) pertains to collection of funds, to accept trust funds and to execute them for the accomplishment of the above mentioned aim. Clause (c) merely enable the Trust to manage any public institution of the village. This clause cannot be divorced from the earlier two clauses as to allow a freehand to the Trust to involve itself into management of any public institution irrespective of the fact whether it is engaged in education activity or not?. Tax Appeal is dismissed. - Tax Appeal No. 347 of 2017 - - - Dated:- 13-6-2017 - Akil Kureshi And Biren Vaishnav, JJ. Mrs Mauna M Bhatt, Advocate for the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urpose, held that the Trust does not fulfill the condition of section 10 (23C)(vi) of the Act. He was of the opinion that the Trust was not existing solely for education purpose. He accordingly, by an order dated 29.09.2014, held that the Trust does not satisfy the condition of section 10 (23C) (vi) and is, therefore, not eligible for approval under the said section. 5. This order was challenged by the Trust before the Tribunal. The Tribunal, by the impugned judgement, allowed the appeal making following observations: 14. In the light of the above, if we examine the facts of the present case, then it would reveal that the assesse trust came to existence in 1954. It is running educational institutions. It has been registered under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt safeguard in this regard. Clause (a) of the trust deed envisaged the object of the Trust to spread amongst people of Dharmaj education and to employ suitable means for the spread of intellectual, physical and moral education. Clause (b) pertains to collection of funds, to accept trust funds and to execute them for the accomplishment of the above mentioned aim. Clause (c) merely enable the Trust to manage any public institution of the village. This clause cannot be divorced from the earlier two clauses as to allow a freehand to the Trust to involve itself into management of any public institution irrespective of the fact whether it is engaged in education activity or not? 8. In the result, Tax Appeal is dismissed. - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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