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2020 (2) TMI 545

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..... ption is required to be applied only by a registered Trust or Institution under the local laws i.e. M.P. Public Trust Act, 1951. Tribunal considering the provisions of Section 12AA(1) of the Act has specifically held that for registering the Trust or 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) .....

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..... rrect 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 Section 12AA(1)(b)(i) of the Act before the CIT(E), Bhopal. The said application was rejected on the ground that the assessee Trust was not registered as a public Charitable Trust. The order passed by the CIT(E), Bhopal was challenged in an appeal before the Tribunal, who in turn, set aside the order passed by the CIT(E), Bhopal and allowed the appeal filed by the assessee Trust holding that the action of learned CIT(E), Bhopal .....

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..... ic 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 12A can call for such documents or information as he thinks necessary in order to satisfy himself about the objects and genuineness of activities of the Trust or Institution and also make such enquiries as he may deem necessary in this behalf and after satisfying himself about the objects of the Trust or Institution and the genuineness of its activities he may pass an order in writing registering the Trust or .....

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