TMI Blog2019 (9) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... concerned party including the Revenue, to approach the Civil Court for a remedy under Section 91-92 of the Code of Civil Procedure. Court noticed the situation contemplated by the Commissioner of Income Tax (Exemption), has now taken care of in any way under Section 115(TD)(c) brought into force w.e.f. 1st June, 2016. Decided in favour of assessee and against the revenue. - D.B. Income Tax Appeal No. 171/2018, 2/2016 - - - Dated:- 5-9-2019 - Chief Justice S. Ravindra Bhat And Mr. Justice Ashok Kumar Gaur For the Appellant(s) : Mr. K.K.Bissa, Mr. G.S.Chouhan For the Respondent(s) : Mr. Falgun Buch, Mr. Prateek Gattani ORDER INCOME TAX APPEAL NO. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the Devasthan Department in 1975 and had duly complied with all other provisions and stipulations spelt out in Section 12-A. It was emphasized that dissolution of the Trust was an uncertain future event and absence of any condition to care for it, could not be a valid ground for rejection of the application. By the impugned order, the ITAT allows the assessee s appeal holding as follows:- 4. We have considered the facts of the case and rival submissions. Section 11 provides exertion to all trust and other institutions carrying on charitable or religious activities. The appellant is a trust carrying out religious activities. The precondition for grant of registration under s.12AA is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntends that the Trust Deed does not contained any dissolution clause. It is highlighted that in the event of a provision for dissolution, the manner in which, the residue of the property and balance of funds are to be utilized, is a matter of public interest. In the absence of any such clause, there would be no check on the potential mis-utilization of the funds. This Court is of the opinion that the absence of dissolution clause or condition as rightly contended by the assessee, is an uncertain future event. Further-more, given that the property is vested in a public charitable trust, it is always open to the concerned party including the Revenue, to approach the Civil Court for a remedy under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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