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TMI Blog2020 (2) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... e CIT(E), Bhopal was set aside. 2. The appellant has claimed the following substantial questions of law:- "1. Whether, on the facts & circumstances of the case, and in law, the ITAT is correct in holding that a public charitable Trust does not require to comply with local law of MP requiring registration under MP Public Trust Act 1951 ? 2. Whether, on the facts and in the circumstances of the case and in law, the ITAT is correct in holding that genuineness of the activities of the trust does not include compliance with requirement of local law namely MP Public Trust Act ?" 3. Briefly stated, the facts of the case are that the respondent-M/s Maharashi World Peace Trust (for short "the assessee Trust") applied for registration under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal. 5. Having heard learned counsel for the appellant/Department, we are of the considered opinion that the present appeal deserve to be dismissed. 6. The learned Tribunal while dealing with the argument of learned counsel for the assessee Trust regarding rejection of application filed under Section 12AA of the Act for the reason that the assessee Trust was not registered as a Public Trust as per M.P. Public Trust Act, 1951 has negatived the said finding of the CIT(E), Bhopal and held as under:- "6. As per the provisions of Section 12AA(1) of the Act provides that "Principal Commissioner or Commissioner, on receipt of application for registration of the Trust or Institution made under Clause a or Clause aa of Sub-Section 1 of Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Institution for the purposes of the said Act, the Principal Commissioner or Commissioner, is required to satisfy itself about the objects of the applicant - Trust or Institution and the genuineness of its activities. Under the said provision, there is no requirement for a Trust to be mandatorily registered as a Public Charitable Trust under the local Act. In the absence of any provision requiring registration as a Public Charitable Trust before applying for registration under Section 12AA(1) of the Act, the findings arrived at by the learned Tribunal cannot be faulted and said to be illegal or perverse in any manner. 8. In view of the aforesaid, we do not find any reason to take a different view from the one taken by the learned Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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