TMI Blog2022 (6) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... d approved by the Charity Commissioner, there is no valid and justifiable reason to reject the application so filed by the assessee society seeking registration u/s 12AA of the Act. We find that the dicta laid down in case of CIT(E) v/s Tara Educational Charitable Trust [ 2017 (8) TMI 377 - BOMBAY HIGH COURT] squarely applies in the facts of the present case and respectfully following the same, the ld CIT(E) is hereby directed to grant registration to the assessee society under section 12AA - Appeal of the assessee society is allowed. - ITA No. 383/Nag./2017 - - - Dated:- 9-6-2022 - Shri Vikram Singh Yadav, Accountant Member And Shri Yogesh Kumar U.S, Judicial Member For the Assessee : Miss Adiba.H. Chibthanawala, CA For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n nature, but due to lack of clause on Dissolution and failure of the assessee society to produce a copy of the application for amending the trust deed to include the Dissolution Clause , the application for grant of registration under section. 12AA cannot be accepted and the same was rejected on technical grounds. Against the said findings and order of the ld.CIT(E), the assessee is in appeal before us. 3. During the course of hearing, the ld. AR submitted that the assessee society is a public charitable trust registered with the Charity Commissioner, Nagpur vide Registration No. F 742(N) on 11.05.1965. the assessee society is also registered under the Societies Registration Act vide registration certificate dated 11.05.1965. It was su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the stated objectives. It was submitted that on the perusal of the impugned order, it is very much evident that the ld. CIT(E) was satisfied about the objects, as well as activities carried out in pursuance of the stated objects being charitable in nature. However, the ld CIT(E) has rejected the application seeking registration merely on technical grounds as so stated by him that there was no dissolution clause in the trust deed. 6. In this regard, it was submitted that w.e.f. 01.06.2016, there has been an amendment in the Income tax Act, wherein Section 115TD(c) has been introduced, wherein upon dissolution of the trust, if the assets are not transferred to any other trust or educational institution within the period of 12 months fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons). The authority has observed that in case the objects/activities of the trust cannot be carried out it has to be dissolved, the corpus and properties remain on the date of dissolution transferred. The absence of the clause of dissolution in , the Trust Deed would be in no manner an impediment in the operation of the statute. Section 55 of the Maharashtra Public Trust Act takes care of such contingency. The Tribunal in its order has considered the scope of Section 12A of the Act and rightly passed the order. 8. Further, reliance was placed on the decision of Hon ble Rajasthan High Court in case of CIT(E) v/s Narsighji Ka Mandir 185 DTR 30 and the decision of the Hon ble Punjab and Haryana High court in case of CIT v/s Ajit Education ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
