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2019 (9) TMI 471

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..... work of art an asset than can be passed on to the next generation with pride and prestige. Immediately, following clause (f) which has not been fully reproduced by the Commissioner in his order is to write through or with the help of literary persons, of different aptitudes or classes, plays in art and culture and other languages on different topics, to translate plays written different languages .....

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..... of the case and in law, the Tribunal was right in not appreciating the fact that the objects of the Trust being non charitable / commercial and without a binding clause, the trustees are at liberty / enjoy unfettered discretion to apply the income of the Trust towards attainment of any one of its commercial / non-charitable objects, thus defeating the very purpose of provisions of Section 12AA of .....

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..... al. The Tribunal by the impugned judgment allowed the appeal holding that none of the objects of the trust were in the nature of charitable purposes. If the trust was not following the objects of the trust, it is always open for the Assessing Officer to examine the same while granting exemption under Section 11 of the Act. 4. We are in agreement with the view of the Tribuna .....

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..... ary persons, of different aptitudes or classes, plays in art and culture and other languages on different topics, to translate plays written different languages into other languages, or to convert plays into drams in to short plays or episodes or T.V. or radio plays. The Commissioner, thus, picked a portion of this clause in isolation to argue that the same was not charitable. 5. .....

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