2017 (9) TMI 1587 - SCH - Income Tax

Registration as a Trust under Section 12AA cancelled - proof of charitable object of trust - HC has held 2016 (9) TMI 307 - DELHI HIGH COURT formal deed of trust was not necessary for the grant of registration under Section 12A/12AA of the Act. It is not necessary that present aims and objects of the Trust should be the same at the time of its establishment and registration u/s 12AA allowed - Held that - We do not find it to be a fit case for interference under Article 136 of the Constitution. It is more so, in view of the fact that the main grievance of the Revenue is that the Respondent should get its Trust registered under the Trust Act and learned counsel appearing for the respondent states that they will take necessary steps in this behalf immediately and get the Trust registered. After getting it registered, they will submit the same to the Income Tax Department. The special leave petition stands dismissed.

Summary

The Supreme Court dismissed the special leave petition, condoned the delay, and stated that the respondent will register their Trust under the Trust Act and submit the registration to the Income Tax Department.