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TMI Blog2019 (9) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015 is justified in accepting the assessee's claim for registration as per provisions of Section 12AA of the Income Tax Act, 1961 irrespective of the fact that the Constitution/Bye-laws of the Trust is not having any provision in relation to disbursement of balance funds in the eventuality of the dissolution of Trust ?" Brief facts of the case are that the establishment of the Narsinghji Ka Mandir, Gandhiyon Ki Gali, Jalori Gate, Jodhpur applied for registration under Section 12-A of the Income Tax Act and sought exemption. The Commissioner of Income Tax sought for certain details and information and the applicant produced the copy of the Trust Deed and other relevant materials. The CIT (Exemption) denied the benefit of registration and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch may occur or may not, and for the purposes of dissolution the benefit of registration cannot be denied. This is also no clause that in the event of dissolution the property of the trust would be given to any particular person or interested specified persons. The assessee applied for its registration, to which it was entitled. We are of the view that under the circumstances, it has to be registered. The learned CIT is directed to grant registration to the society. The relevant determinative factor for conferring registration is the object of the society. In view of the above we reverse the order of the CIT and direct it to grant registration under s.12A of the Act. The certificate of registration is only an enabling provision to claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f judgment in the said appeal, the question has been answered in favour of the assessee and against the Revenue. Further-more, the Court noticed the situation contemplated by the Commissioner of Income Tax (Exemption), has now taken care of in any way under Section 115(TD)(c) brought into force w.e.f. 1st June, 2016 and the same reads as follows:- "Section 115(TD)(c): (1) Notwithstanding anything contained in this Act, where in any previous year, a trust or institution registered under Section 12AA has- (a) .......... ........... ............. (b) .......... ............ ............. (c) failed to transfer upon dissolution all its assets to any other trust or institution registered under section 12AA or to any fund or institution ..... X X X X Extracts X X X X X X X X Extracts X X X X
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