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TMI Blog2019 (9) TMI 1010X X X X Extracts X X X X X X X X Extracts X X X X ..... ided against revenue - Tax Case Appeal No.285 of 2013 - - - Dated:- 22-8-2019 - Mr. Justice T.S. Sivagnanam And Mrs. Justice V. Bhavani Subbaroyan For the Appellant : Mr.J.Narayanaswamy, Senior Standing Counsel For the Respondent : Ms.G.Vardine Karthik JUDGMENT T.S.SIVAGNANAM, J. This appeal by the appellant/Revenue, under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as the Act ), is directed against the order dated 07.11.2012, passed by the Income-Tax Appellate Tribunal 'D' Bench, Chennai (for brevity, the Tribunal ), in I.T.A.No.1213/Mds/2012. 2.The above appeal was admitted on 09.07.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld that merely because the objects of the Trust are both religious and charitable, that would not be a ground for denying registration under Section 12AA of the Act. 6.In Director of Income Tax Exemptions vs. Seervi Samaj Tambaram Trust, (2014) 362 ITR 0199 (Mad), it was held that there was no bar in granting registration to trust, even if the trust has both charitable as well as religious objects. The operative portion of the decision read as follows:- 6. The very issue raised by the Revenue has been dealt with by a Division Bench of this Curt in the case of CIT V. Arulmighu Sri Kamatchi Amman Trust reported in (2012) 206 Taxman 69. In the said case, the respondent/assessee sought for registration und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the income so accumulated or set apart is not in excess of fifteen per cent of the income from such property shall not be included in the total income of the previous year of the person in receipt of the income. Thus, the Division Bench held from a reading of the above, it is clear that the income derived from the property held under trust wholly for charitable or religious purpose, shall not be included in the total income of the Trust. Therefore, the said provision would be applicable to both the Trusts established with the object of charitable as well as religious purposes. Therefore, Section 12AA of the Income Tax Act does not make any difference between the Trusts created with the object of charitable and religious purposes and, ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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