TMI Blog2013 (1) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to poor, medical relief etc. The assessee Trust applied for registration under sec.12AA of the Act to the Director of Income Tax (Exemptions). The Director of Income Tax (Exemptions), by his order dated 30.11.2011 rejected the application filed by the assessee for registration under sec.12AA of the Act. The reason for rejecting the application was that one of the objects clauses in the Trust Deed was to promote God consciousness. Therefore, the Director of Income Tax (Exemptions) held that the assessee s Trust is neither eligible for registration under sec.12AA of the Act as a Public Charitable Trust nor as a Public Religious Trust. The assessee filed appeal before this Tribunal and this Tribunal by its Order in ITA No.55/Mds/2012 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) Income derived from property held under trust wholly for charitable or religious purposes, to the extent to which such income is applied to such purposes in India; and where any such income is accumulated or set apart for application to such purposes in India, to the extent to which the income so accumulated or set apart is not in excess of fifteen percent of the income from such property: 6. From a reading of the above, it is clear that the income derived from the property held under 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. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Director of Income Tax (Exemptions) passed Order dated 06.9.2012 granting registration under sec.12AA to the assessee as a Public Religious Trust . 3. The Counsel for the Assessee submits that this Tribunal has not directed the Director of Income Tax (Exemptions) to register the assessee as a Public Charitable Trust. The Counsel for the Assessee submits that even though one of the clauses in the Trust Deed contains promoting God consciousness, it never engaged in any religious activities. The Counsel for the Assessee submits that this Tribunal has directed to grant registration only as a Public Charitable Trust and not as a Public Religious Trust and therefore the Order passed by the Director of Income Tax (Exemptions) granting reg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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