TMI Blog2018 (10) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... st by a word of mouth, the same shall be eligible for registration u/s 12AA/12A of the Act, provided such evidence is filed and the other conditions under the statute are satisfied. Decided against the revenue. - D.B. Income Tax Appeal No. 58/2018 - - - Dated:- 20-2-2018 - Mr. K.S. Jhaveri And Mr. Vijay Kumar Vyas JJ. For the Appellant(s) : Mr. R.B. Mathur For the Respondent(s) : None ORDER By way of this appeal, the appellant has challenged the judgment and order of the Tribunal whereby the Tribunal has allowed the appeal of the assessee. Counsel for the appellant framed the following questions of law:- i) Whether, on the facts and in the circumstances of the case and in law the Hon ble ITAT is right in allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case and in law the Hon ble ITAT is justified in holding that it is not necessary that the trust should be established under an instrument, in spite of the fact that as per the Rajasthan Public Trust Act, 1959, the trust within the period of two years from the date of its creation it to be registered by the office of Asst. Commissioner having jurisdiction over such places? iii. Whether on the facts and circumstances of the case and in law the Hon ble ITAT is justified in setting aside the order of CIT(E), Jaipur in refusing the registration u/s 12AA to the trust, which is not a legal trust in the state of Rajsthan in view of Section 17(1) of the Rajasthan Public Trust Act, 1959? 3. While considering the matter of assessee, the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of Institution could be of any type. As per the provisions of the Indian Trust Act, the trust can be created even orally and if the assessee is able to give some evidence of creation of such Trust by a word of mouth, the same shall be eligible for registration u/s 12AA/12A of the Act, provided such evidence is filed and the other conditions under the statute are satisfied. In view of the decision of the Coordinate Bench, we deem it proper to restore this appeal of the assessee before the id. CIT (Exemptions) to decide in accordance with law laid down by the Coordinate Bench. The Delhi High Court has confirmed the judgment by Division Bench on 01.08.2016, wherein, the Division Bench of Delhi High Court in Paras 5 to 9 observed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly 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 the Act. 7. On the question whether the objects and purposes of the Trust were charitable thereby qualifying for registration, the ITAT has set out in its impugned order in detail, the objects of the Trust as declared in the affidavit filed by the 17th Karmapa. It concluded from reading of the various aims and objects that they were charitable in nature. It has b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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