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TMI Blog2015 (7) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment. Therefore allow the appeal of the assessee and direct the ld. Commissioner of Income-tax, Rajkot-III, Rajkot to grant the registration u/s 12AA of the Income-tax Act, 1961. - Decided in favour of assessee. - ITA No. 458/Rjt/2013 - - - Dated:- 28-3-2014 - Shri T. K. Sharma, J For The Appellant :-Shri D R Adhia, AR For The Respondent :-Dr M L Meena, DR ORDER This appeal by the assessee-trust is against the order dated 27.09.2013 of Commissioner of Income-tax, Rajkot-III, Rajkot refusing to grant the registration sought by the assessee-trust u/s 12AA of the Income-tax Act, 1961. 2. The facts, in brief, are that the assessee-trust came into existence by a trust deed on 09.07.1969 and the same is registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt the registration u/s 12AA of the Income-tax Act for the detailed reason given in paragraph Nos. 5 and 6 of the impugned order, which read as under:- 5. Meanwhile, the assessee trust has filed written submission which was received in this office only on the date of hearing i.e. 27.09.2013. In written submission the assessee trust has submitted that the trust is a revocable trust. Further, the assessee trust has submitted that the trust deed does not include any dissolution clause as per trust deed. However, the application for the same has been made to the Charity Commissioner. The trust deed of the trust is incomplete so far as no clause regarding its assets after meeting all liabilities, in case of dissolution, is incorporated. In a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot granting registration without appreciating the factual and legal position that the appellant deserves registration form the first day of F.Y. in with application is made, i.e. 01.04.2012. The appellant deserves registration. 6. Without prejudice the Ld. C.I.T. has erred in not providing reasonable time and adequate opportunity. The trust deserves registration. 7. The appellant craves leave to add/alter/amend and / or any or all the grounds of appeal before the actual hearing take place. 3. At the time of hearing, on behalf of the assessee-trust, Shri D.R. Adhia, AR, appeared and relied upon the order of the Co-ordinate Bench (ITAT B Ahmedabad) in the case of Shree Chargam Dasha Porwad Mahamandal v. DIT (Exemption) bearing I.T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 these facts of the case, we hold that there is no justification for refusing the registration u/s 12AA and 80G(5) of the Act to the assessee, which is accordingly allowed to the assessee and the orders of the DIT (Exemptions) in both the cases are reversed and we direct the DIT(Exemptions) to grant the registration u/s 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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