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TMI Blog2019 (1) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... hanges made in object clause to CIT(Exemptions), as per the undertaking given in form no.10A and continued to enjoy benefits of valid 12A Registration year after year?" 3. Brief facts are that the respondent assessee is a registered / Charitable Trust. The Trust was also granted registration under Section 12A of the Income Tax Act, 1961 ("the Act" for short) by the Commissioner of Income Tax after examining the objects of the Trust and the nature of its activities. The registration was granted on 27.11.1973 on the basis of the Trust Deed dated 19.03.1969. The Trust Deed under went amendments in the year 1975 and again in the year 1979. These amendments were not communicated to the Commissioner. The Income Tax Officer was of the opin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that the Assessing Officer has presumed that the registration originally granted under Section 12A of the Act does not survive, which would mean denial of benefit under Section 11 of the Act. The Tribunal also held that even after the amendments in the Trust Deed, which took place in the year 1975 and 1979, the objects of the Trust continued to be charitable. The Tribunal was of the opinion that the said amendments were in the nature of enabling powers given to the Trust to accomplish its original objects. The Tribunal referred to and relied upon the judgment of the Bombay High Court in case of Deccan Gymkhana Vs. Commissioner of Income Tax (2003) 262 ITR 459 and on the Supreme Court in the case of Commissioner of Income Tax Vs. Federat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of promoting socioeconomic welfare or upliftment of the public in rural areas. 8. The CIT(Appeals) and the Tribunal examined the original objects of the Trust and the changes brought about by successive amendments. The conclusions of the CIT(A) and the Tribunal were that the original objects of the Trust were not altered or even diluted. The additional objects were also in the nature of charitable activities. The foundational characteristics of the Trust, therefore, did not under go any change. Under the circumstances, we do not think that the Tribunal has committed any error in dismissing the Revenue's appeal. The decision of Allahabad High Court was rendered on the foundational fact that after the amendment, the objects of the Tru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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