2017 (8) TMI 377 - HC - Income Tax

Registration of trust u/s 12A rejected - Trust Deed did not provide for a clause regarding dissolution of the trust - Held that - The registration of the Trust has to be done on compliance of the provisions of Section 12AA of the Act. The authority is required to consider the genuineness of the activities of the Trust and the section does not lay down that unless and until the clause of dissolution of the Trust is incorporated in the Trust Deed, the Trust cannot be registered. The statute takes care of the apprehension as is shown by the Director of Income Tax (Exemptions). The authority has observed that in case the objects / activities of the Trust cannot be carried out and it has to be dissolved, the corpus and properties remain on the date of the 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 has rightly passed the order.- Decided in favour of assessee.

Summary

Issues:
1. Validity of the Tribunal's order directing registration of the respondent trust under Section 12A of the Act.
2. Requirement of a dissolution clause in the Trust Deed for registration of the trust under Section 12AA of the Act.

Analysis:
Issue 1: The appellant challenges the Tribunal's order directing the registration of the respondent trust under Section 12A of the Act. The appellant argues that the Trust Deed lacked a dissolution clause, which is essential for registration. The appellant contends that without a dissolution clause, the trust cannot be registered as it would hinder the transfer of corpus and properties to another trust with similar objectives in case of dissolution. The Director of Income Tax (Exemption) rejected the application for registration based on this ground. However, the respondent, supported by their counsel, argues in favor of the order.

Issue 2: The discussion revolves around the requirement of compliance with the provisions of Section 12AA of the Act for trust registration. The appellant asserts that the absence of a dissolution clause in the Trust Deed justifies the rejection of registration. In contrast, the respondent's counsel argues that Section 12AA does not explicitly mandate the inclusion of a dissolution clause for registration. The respondent's counsel highlights that Section 55 of the Maharashtra Public Trust Act addresses situations where trust dissolution is necessary, ensuring the smooth transfer of assets. The Tribunal's order is upheld, emphasizing that the absence of a dissolution clause does not impede the registration process under Section 12A of the Act.

In the final analysis, the Court dismisses the appeal, stating that no substantial question of law arises from the case. The judgment affirms the Tribunal's decision, emphasizing that the absence of a dissolution clause in the Trust Deed does not hinder the registration process under Section 12A of the Act. The Court clarifies that the statute adequately addresses concerns related to trust dissolution through relevant provisions, ultimately upholding the registration of the respondent trust.