2015 (2) TMI 900 - HC - Income Tax

Registration u/s 12AA - Amendment of the trust deed - whether need not be made by approaching the appropriate civil court ? - Tribunal directing the DIT(E) to grant registration to the assessee-trust under section 12AA of the Income-tax Act, 1961 - Held that - When the power had been given to the trustees by the settler, it can be amended without approaching the civil court provided all the conditions laid down by the settler are fulfilled. The approach of the civil court is required where there is no such power. No law has been produced before us that the trustees without approaching the civil court in spite of the specific power being given by the settler cannot change the trust deed. According to us, when the power has been given to the trustees by the settler, no further power basically from the civil court is required. See CIT v. Kamla Town Trust 1995 (11) TMI 1 - SUPREME Court . Thus ribunal has correctly dealt with the matter in this case and the rectified trust deed can be relied on by the Revenue authorities for the purpose of registration. - Decided in favour of assessee.

Summary

Issues:
1. Admission of appeal based on questions of law.
2. Validity of rectification of trust deed without approaching civil court.
3. Interpretation of clauses 18 and 19 of the trust deed.
4. Requirement of approaching civil court for trust deed rectification.
5. Comparison with relevant Supreme Court judgment on trust deed rectification.

Admission of Appeal:
The judgment begins with the consideration of whether the appeal should be admitted based on the questions of law raised by the appellant. The questions revolve around the correctness of the Tribunal's decision regarding the amendment of the trust deed without approaching the civil court and the direction for granting registration under the Income-tax Act. The judges have heard arguments from both parties and reviewed the Tribunal's judgment and order.

Rectification of Trust Deed:
The main issue discussed in the judgment is the validity of rectifying the trust deed without involving the civil court. The appellant argues that the trust deed cannot be rectified without civil court intervention, citing a Supreme Court decision. However, the respondent presents the trust deed, highlighting clauses granting trustees the power to rectify the deed without civil court involvement. The judges analyze clauses 18 and 19 of the trust deed, which empower the trustees to amend the deed subject to specific conditions.

Interpretation of Trust Deed Clauses:
The judges interpret clauses 18 and 19 of the trust deed, emphasizing that the settler has given the trustees the authority to make amendments without approaching the civil court. They note that as long as the conditions specified in the deed are met, the trustees can modify the trust deed. The judgment underscores that the civil court intervention is necessary only when the trustees lack the power to make changes, which is not the case here.

Civil Court Requirement for Trust Deed Rectification:
The judgment clarifies that the approach of the civil court is mandated when the trustees do not possess the authority to amend the trust deed. In this case, since the settler has granted the trustees the power to make changes, the judges assert that additional approval from the civil court is unnecessary. They highlight the importance of fulfilling the conditions laid down by the settler for amending the trust deed.

Comparison with Supreme Court Judgment:
The judgment references a Supreme Court decision regarding trust deed rectification, emphasizing that the trustees can amend the deed without civil court involvement if empowered by the settler. The judges assert that the rectified trust deed, in this case, is binding and can be relied upon by Revenue authorities for registration purposes. Therefore, they conclude that the Tribunal's handling of the matter aligns with legal principles and dismiss the appeal.

In conclusion, the judgment provides a detailed analysis of the issues surrounding the admission of the appeal, the validity of trust deed rectification without civil court intervention, and the interpretation of relevant clauses in the trust deed. The judges' decision is supported by legal precedents and ensures clarity on the trustees' authority to make amendments as per the trust deed's provisions.