2013 (10) TMI 1175

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..... nuineness, the income as well as resources of the Trust may be taken into consideration but any suspicion as to these facts cannot be the sole criteria for rejecting an application under Section 12A of the Act – Decided against the Revenue. Trustee, a life long membership is inferred as not charitable trust – Held that:- There appears to be a misconception amongst officers exercising power unde .....

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..... t as a charitable Trust. Counsel for the revenue submits that as members of the respondent-Trust are life long members and bank account of the respondent reveals that certain sums of money were paid to individual trustees, the Tribunal was not justified in reversing the order passed by the Commissioner of Income Tax. It is further contended by reference to Section 13 of the Income Tax Act, 1961 .....

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..... or the respondent also places reliance on a Division Bench judgment of this Court in ITA No.701 of 2010 titled Commissioner of Income Tax-II, Chandigarh Versus M/s Surya Educational Charitable Trust decided on 5.10.2011. We have heard counsel for the parties, perused the impugned order as well as the order passed by the Commissioner of Income Tax and the substantial questions of law, but fin .....

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