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TMI Blog2015 (7) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... aken over by the Charity Commissioner and the rejection of registration on this ground was held not on a sound footing and the orders of the DIT(Exemptions) were reversed. We find that the case of the assessee is on more sound footing since it has already applied to the Charity Commissioner for amendment of the trust-deed vide application submitted on 26/02/2013, whereby inserting the dissolution clause providing that the trust shall be irrevocable and in the most unlikely situation, if trust practically stops functioning, it can only be merged/amalgamated with other one or more public charitable trusts or bodies having similar objects subject to the approval of the Office of the Public Charity Commissioner, etc. No other material has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kely situation, if the trust practically stops functioning, it can only be merged/amalgamated with other one or more public charitable trusts/bodies with similar objects subject to the approval of the Public Charity Commissioner. He has filed a copy of the amendment deed before the Tribunal. The ld.counsel submitted that the issue is covered in favour of the assessee with the decision of ITAT Delhi in the case of Shri Sai Samarpan Trust Co. vs. CIT [2009] 27 SOT 423 (Delhi), wherein the Tribunal has held that once the trust is registered with the Sub-Registrar as a charitable trust, in the event of failure of the trust the net assest/income would obviously be taken over by the Charity Commissioner and, therefore, the registration of the tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lied to the Charity Commissioner for amendment of the trust-deed vide application submitted on 26/02/2013, whereby inserting the dissolution clause providing that the trust shall be irrevocable and in the most unlikely situation, if trust practically stops functioning, it can only be merged/amalgamated with other one or more public charitable trusts or bodies having similar objects subject to the approval of the Office of the Public Charity Commissioner, etc. No other material has been produced on behalf of the Revenue before us to suggest that the aims and objects of the trust are not charitable in nature. In ITA Nos.337 338/Ahd/2013 Shree Chargam Dasha Porwad Mahamandal vs. DIT (Exemption) these facts of the case, we hold that there is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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