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TMI Blog2012 (11) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee trust u/s 12A of the Act. The learned DIT (Exemption) required the assessee trust to furnish the details of its actual activities conducted since inception along with bank account which was partly complied by the assessee trust. Therefore, for further verification, the learned DIT (Exemption) directed his Inspector to ascertain the activities of the assessee trust. Accordingly the Inspector submitted a report to the learned DIT (E) and the same is extracted herein bellow: "As directed I had visited the address shown in the application of the abovementioned Trust i.e. at 1st floor, Akshay, 53 Shrimali Society, Near Railway Crossing, Navrangpura, Ahmedabad. This building is occupied by various companies owned by the Lalbhai (Ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned DR opposed to the submission of the learned AR and prayed that the order of the learned DIT (Exemption) may be sustained. 6. We have heard the rival submissions and carefully perused the materials on record. We have also perused the trust deed produced by the learned AR before us and the decision of ITAT Chennai "D" Bench in the case of Saraswathi Swetha Educational Trust Vs DIT (Exemption) in ITA No. 495/Mds/2011 dated 09-02-2012 wherein the Tribunal relying on the decision of the co-ordinate Bench dated 19-10-2011 in the case of M/s. M. L. Meyyappan Charitable Trust Vs DIT (E) in ITA Nos. 2073 & 2074/Mds/2010 and DIT (E) Vs Meenakshii Amma Endowment Trust (2011) 50 DTR (Kar.) 243, on a similar fact and situation allowed the appeal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be read from the trust deed itself. In the subsequent returns filed by the trust, if the Revenue comes across that factually trust has not conducted any charitable activities, it is always open to the authorities concerned to withdraw the registration already granted or cancel the said registration under s. 12AA(3). A trust could be formed today and within a week registration under s. 12A could be sought as there is no prohibition under the Act seeking such registration. The activities of the trust have to be considered if such registration is sought much later than the formation of the trust or after expiry of the earlier registration granted in favour of the trust. Therefore in a case of this nature where the trust has approached the auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of ld. DIT (E) in refusing to grant registration and consequent refusal to grant approval u/s 80 G of the Act. No fruitful purpose will be served by restoring the issue to the file of ld. DIT (E) and direct him to grant registration u/s 12AA and also to grant approval u/s 80 G to the assessee - Trust." 6.1 Further, we reproduce herein below the objects of the assessee trust for reference, by which we are of the view that the Trust should be construed as a charitable trust:- "2. OBJECTS: The Objects of the Trust hereby created shall be Public Charitable purposes and shall be maintained and administered as .such. Charitable purpose shall include: 1) Relief to the poor 2) Medical relief 3) Education 4) Social upliftment & spir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age and/or impart education of any menial, physical, technical or moral kind in any manner by giving .scholarships, loans, school fees, college fees and for the purpose of books to deserving and/or needy students. (d) Establishing) educational institutions and/or aiding schools, colleges, libraries or other institutions for imparting any type of education; (e) To contribute, for the upliftment of society by imparting education to the poor development of slums or assisting any organization or institute having its objective of upliftment and development of society be educating masses. (f) Establishment and/or construction and/or maintenance or running independently or support to any organization contributing in building of civic amenities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heir rights. m) Establishing and/or aiding any institution for carrying on any activities towards advancement of arts like music, dance, drama, literature and in the allied activities. n) To render assistance of financial or of any other nature for research and development related activities to an individual or organization, which are beneficial to the society at 1arge. (o) To render all possible assistance for the advancement of any other object of general public utility, which has not been mentioned above, and which is in conformity with the scope and object of the trust. 7. In the present case before us the Trust is formed on 19/12/2011. Subsequently the Trust applied in form 10A for grant of registration under the Act on 25/01/2012. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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