TMI Blog2021 (7) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... do not find any ground much less any substantial question of law to interfere with the order passed by the Income Tax Appellate Tribunal. - Decided against revenue. - Tax Case Appeal No.506 of 2013 - - - Dated:- 6-7-2021 - Hon'ble Mr.Justice M. Duraiswamy And Hon'ble Mrs.Justice R. Hemalatha For the Appellant : Mr.J.Narayanaswamy Senior Standing Counsel For the Respondent : Mr.T.Vasudevan for M/s.R.Janakiraman JUDGMENT M.DURAISWAMY, J. Challenging the order passed in I.T.A.No.1903/Mds/2012 on the file of the Income Tax Appellate Tribunal, Chennai D Bench, the Revenue has filed the above appeal. 2.The assessee trust was constituted by a Trust Deed dated 16.03.2011 and had filed an application in Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s filed the above appeal. 6.The above appeal was admitted on the following substantial question of law : Whether on the facts and circumstances of the case, the Tribunal was right in holding that the assessee trust is entitled for registration u/s.12AA as public charitable trust? 7.While modifying the order passed by the DITE, the Tribunal followed the judgment of the Division Bench of this Court, dated 25.01.2012, made in T.C.A.No.643 of 2011, wherein, the Tribunal held as follows : 3.It was submitted by the Id.A.R. that the issue in this appeal was agains the action of the DIT in holding that the assessee was not eligible for registration u/s.12AA of the Act on the ground that one of the objects of the assessee speak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r trust wholly for charitable or religious purposes, shall not be included in the total income of the Trust. Therefore, the said provision would be applicable to both the Trusts established with the object of charitable as well as religious purposes. Therefore, Section 12AA of the Act does not make any difference between the Trusts created with the object of charitable and religious purposes and, even if the Trust is not created with both the objects, law does not make any disqualification for the trust to make an application for registration. Therefore, the Tribunal has correctly applied the provision of law and allowed the appeal, which finding is based on valid material evidence. The finding of the Tribunal is not perverse and it is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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