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2013 (8) TMI 1148

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..... the Ld. CIT(A)-I, Nashik dated 13-03-2013 for the A.Y. 2009-10. The revenue has taken following grounds in the appeal: 1. Whether on the facts and in the circumstances of the case, the Ld. CIT(A)-I, Nashik was justified in deleting the addition of ₹ 72,00,000/- which was considered as expenses not made on the object of the trust as the donation was made in violation of the trust deed of .....

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..... breakup of the above expenditure in para no. 6 of the assessment ITA No.975/PN/2012, Shri Ram Ashram Trust, Nashik order. It is noted that the assessee trust has given donation of ₹ 65,00,000/- to Nemichand Jain Trust, Chandwad, Distt.-Nashik. The Assessing Officer examined the main objects of the assessee trust as per Trust Deed dated 14-01-1972. The Assessing Officer has reproduced some of .....

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..... at ₹ 70,00,000/- in para no. 11). The assessee carried the issue before the Ld. CIT(A). 3. The Ld. CIT(A) considered instruction no. 1132, dated 05-01-1978 issued by the CBDT . The Ld. CIT(A) further observed that as per the instructions of the Board, the exemption shall not lose even if the donee trust did not spend the donation receipt during the relevant year for charitable purpose. T .....

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..... ered in favour of the assessee by the Hon'ble Jurisdictional High Court in the case of Trustees of the Jadi Trust (supra). Moreover, as per the instruction no. 1132, dated 05-01-2007 issued by the CBDT nowhere it is made mandatory that there should be specific objects in the trust deed. It is sufficient that the donations are given to the donee trust for applying the donation for the charitabl .....

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