2023 (7) TMI 675

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..... , J.M. This appeal has been filed against the order of CIT(Exemption) Chandigarh dated 16.09.2020 for AY 2020-21. 2. The grounds of assessee are as follows:- I. THAT the impugned order passed by the learned Commissioner of Income Tax (Exemption) unjust and arbitrary, contrary to provisions of law and facts available on record. II. That the learned Commissioner of Income Tax (Exemptions) has .....

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..... of Income Tax (Exemption) unjust and arbitrary, contrary to provisions of law and facts available on record and has not considered completely the information/evidence brought on records, in correct perspectives while denying the registration u/s 12AA of the Income Tax Act. He further submitted that the registration u/s 12AA of the Act, the learned Commissioner of Income Tax (exemptions) never held .....

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..... the ld. counsel submitted that the ld. DIT(E) has gone beyond scope of enquiry while rejecting application of assessee on the ground that its trust deed does not contain dissolution clause and on totality of irrelevant ground without pointing out as to how he was not satisfied either about the objects of trust of the genuineness of its activities. 5. Lastly, placing reliance on the judgment of H .....

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..... the order of ld. CIT(E). however, in all fairness, the ld. CIT(DR) candidly agreed that the only objections of ld. CIT(E) would met if the assessee trust files its amended trust deed including dissolution clause. 7. On careful consideration of above submissions, from the impugned order we clearly note that the ld. CIT(E) has not made any allegations or has not made any adverse comment or conclusi .....

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..... is directed to grant registration to the appellant trust u/s. 12AA of the Act. 8. Before we part with the order, we find a proper and necessary to direct the assessee to amend its trust deed by way of inclusion of dissolution clause therefore we direct the appellant to submit a copy of amended trust deed before ld. CIT(E) clarifying the position in a situation dissolution of trust, complying wit .....

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