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TMI Blog2015 (7) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Assessee against the order of D.I.T(E), Ahmedabad dated 29.01.2013. 2. The facts as culled out from the orders of lower authorities are as under. 3. Assessee made an application for registration of trust under Section 12A of the Act before Director of Income-tax(E). DIT(E) on perusing the trust deed of the Assessee DIT(E) was of the view that the dissolution clause was not proper. He also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed a clause wherein it was stated that on closure of the trust, the property of the trust be handed over to other institution having similar objects by passing necessary resolution. He pointed out to para 3 of the DIT(E) order, where the relevant clause of Assessee was reproduced. He further submitted and placed reliance on the decision in the case of Shri Chargam Dasha Porwad Mahamandal ITA No. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly and perused the orders of the DIT(Exemptions) as well as the decision of the IT AT Delhi in the case of Shri Sai Samarpan Trust Co.(supra). We find that the only reason advanced for refusing the registration U/S.12AA and 80G(5) of the Act by the DIT(Exemptions) is that there is no dissolution clause in the trust-deed and trust does not have any clause that the trust will not be dissolved and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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