TMI Blog2021 (2) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... ust Deed would not effect the original object unless the object itself is changed by the subsequent supplementary deed. When the Commissioner of Income Tax had given findings with regard to the induction of a minor as a Trustee and that the main object of the Trust would be lost by the subsequent supplementary deed, the Tribunal should have considered those aspects and given findings with regard to the same. Since the Tribunal has not considered those issues, we are of the considered view that the order passed by the Tribunal should be set aside and the matter be remitted back to the Tribunal for fresh consideration. - Appeal of revenue allowed for statistical purposes. - Tax Case Appeal No.229 of 2011 - - - Dated:- 19-2-2021 - Hon&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eved by establishing agricultural farm and proceeds to be utilised for the purpose of achieving the objects of the Trust. 3.The Revenue contended that these amendments in the supplementary deed are against the object mentioned in the original Trust Deed. The Commissioner of Income Tax, taking into consideration the case of both sides, refused to register the Trust under Section 12AA of the Act. While rejecting the application, the Commissioner of Income Tax observed that a minor has been inducted as a Trustee under the Trust Deed and he was also allowed to cast his vote independently. Further, the Commissioner of Income Tax observed that the main object of the Trust was diluted in the supplementary deed, and therefore, the same is violat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he activities carried out by the Trust were not fulfilled? 5.On a perusal of the order passed by the Tribunal, it is clear that the Tribunal has not gone into the issues that were decided by the Commissioner of Income Tax. While reversing the order passed by the Commissioner of Income Tax, the Tribunal should have considered the findings given by the Commissioner of Income Tax in detail. However, the Tribunal, in Para No.4, observed that the substitution or change of Trustees subsequent to the Trust Deed would not effect the original object unless the object itself is changed by the subsequent supplementary deed. When the Commissioner of Income Tax had given findings with regard to the induction of a minor as a Trustee and that the main ..... X X X X Extracts X X X X X X X X Extracts X X X X
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