9911796707
TMI Blog2014 (1) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... d among the general public - This contention of the assessee was not examined by the Commissioner - The Commissioner proceeded on the footing that the creation of the sangham itself was not established by producing necessary evidence - Even though the assessee claims that the sangam was registered with Registrar of Joint Stock Companies, the copy of the registration certificate was not produced before the Commissioner of Income-tax - The Commissioner of Income-tax doubted the very existence of the trust - This Tribunal is of the considered opinion that unless and until the assessee establishes the creation of the trust by producing necessary material it cannot claim any registration u/s 12AA of the Act - It is obligatory on the part of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 sixteenth anniversary of Shri M. K. Raghavan was observed. On 06th March, 2011 the forty third death anniversary of Sahodaran Ayyappan was observed. Apart from this, the sangham used to celebrate birthday of Sree Narayana Guru by conducting discourses on his teachings. The Sangham also used to observe the death anniversary of Sahodaran Ayyappan on 06th day of March every year. 3. The ld. representative for the assessee further submitted that the object of Sree Narayana Seva Sangham is to preach and teach Sree Narayana Guru philosophy and works for universal brotherhood without differences in caste or religion. According to the ld. representative, propagating and teaching of Sree Narayana Guru philosophy for universal brotherhood is a ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the trust as found by the Commissioner of Income-tax was to build temples, to run educational institution, to give financial assistance to the eligible students, to make arrangement for technical and scientific research. The Commissioner further found that the activities carried out by the sangham mainly confined to observance of death anniversary of some personalities, like Sahodaran Ayyappan and Shri M. K. Raghavan. Some awards were also offered during that occasion. The Commissioner further found that sangham was incorporated in the office of the Assistant Registrar of Joint Stock Companies, therefore, it does not fall within the category of any other legal obligations. In the absence of any material to substantiate the creation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Subsequently, the trustees applied for permission to amalgamate the two trusts and administered them as a single trust. Accordingly, the trusts were allowed to amalgamate and a scheme was framed by the civil court. The death anniversary of Imam Hussain was observed by the trustees and it was claimed to be a religious and charitable purpose. The assessee claimed exemption in respect of the income of the trust. The Tribunal, however, disallowed the claim of the assessee on the ground that the purpose may be religious; however, in view of the personal law of the settler of the trust it is not entitled for exemption under the Income-tax Act. The Bombay High Court, after considering the provisions of 1922 Act found that there is no basis for dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee trust. All these events could be considered if the trust was established as per the existing law of the land. The Commissioner, while considering the application of the assessee u/s 12AA is entitled to consider the activity of the assessee and its genuineness. Therefore, genuineness of establishment of the trust is one of the matter which needs to be established before the Commissioner. This Tribunal is of the considered opinion that when the assessee claims that the trust was registered with Registrar of Joint Stock Companies, there may not be any difficulty in producing the copies of the certificate before the Commissioner of Income-tax for examining its genuineness. Therefore, giving one more opportunity to the assessee to pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
