9911796707
TMI Blog2018 (7) TMI 1815X X X X Extracts X X X X X X X X Extracts X X X X ..... dencing the creation of Trust of the establishment of Institution could be of any type. As per the provisions of the Indian Trust Act, the trust can be created even orally and if the assessee is able to give some evidence of creation of such Trust by a word of mouth, the same shall be eligible for registration u/s 12AA/12A of the Act, provided such evidence is filed and the other conditions under the statute are satisfied. Following the decision of HC [2016 (9) TMI 307 - DELHI HIGH COURT], decided against the Revenue. - D.B. Income Tax Appeal No. 279/2017 - - - Dated:- 14-11-2017 - Mr. K.S. Jhaveri And Mr. Vijay Kumar Vyas JJ. For the Appellant(s) : Mr. Daksh Pareek on behalf of Mr. Sameer Jain ORDER 1. By way of this a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dinate Bench of the Tribunal in ITA No. 4941/Del/2011 3061/Del/2013 has held as under:- 13. A plain reading of Rule 17A(a) makes it clear that where the Trust is created, or the institution is established, under an instrument, the instrument in original, together with one copy thereof, has to be filed along with prescribed Form No. 10A for registration of the institution/Trust u/s 12A of the Act. However, the second limb of Rule 17A(a) provides that where the Trust is created, or the Institution is established, otherwise than under an instrument, the document evidencing the creation of the trust or the establishment of the institution, together with one copy thereof, has to be filed along with the statutory Form No. 10A for registra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ITAT referred to Rule 17A (a) of the Income Tax Rules, 1962 which itself envisages the possibility of the Trust being created otherwise than under an instrument in which event it is sufficient if the document evidencing the creation of the trust or the establishment of the institution, together with one copy thereof is provided. The proviso to Rule 17A(a) permits the Commissioner to accept even a certified copy in lieu of the original if the instrument or document in original cannot conveniently be produced. It was rightly pointed out by the ITAT that it is therefore not essential that there must be an instrument evidencing the creation of a Trust. 6. The fact of the matter was that the Assessee claimed that it is an instituti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Trust was being applied for its objects would arise only when a return of income is filed by the Trust. The said issue would not affect the grant of registration. 8. The ITAT also examined whether the fact that the Trust was for the benefit of a particular community would debar it from exemption and registration under Section 12AA/12A of the Act. The said question was, and in the view of this Court rightly, answered in the negative. In particular the Court concurs with the conclusion of the ITAT that It is now well-settled that an objects beneficial to a section of the public is an objects of general utility. The intention of the institution/trust should be impersonal in nature and for a sufficiently defined and identifiable sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
