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TMI Blog2020 (12) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... the bye-laws of the appellant-trust, the stated aims and objects of the trust are to do sewa, wish, bhog, festival, devotion, kirtan etc. as per Pushtimargiya community & principles established by Shri Vallabhacharya Ji; and according to divine character of Shri Goverdhannath Ji to run gaushala; further to run Sanskrit school; to establish ayurved and allopathy dispensaries etc. The appellant-trust applied for registration u/s. 12AA of the Income Tax Act, 1961 (in short 'the Act') to the Ld. CIT(E), however, the Ld. CIT(E) rejected the application of the trust observing as under:- "9. Further the applicant has stated in 'note on activities' that the trust has performed activities such as Maharaj Ji Janam Utsav, Sri Krishn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rust has filed its returns of income in the Form No. ITR-5 for the A.Y. 2016-17 and 2017-18 which is required to be filed by firm, AOP and BOI. It is pertinent to mention that as per rule 12(1) of the IT Rules, 1962, the returns of income of the society/trust/company which works on the principal of 'no profit no loss', are required to be filed in Form No. ITR-7. Filing of return of income in Form No. ITR-5 clearly indicates that the applicant trust in its own perception as well deems itself to be out of the ambit of charitable activities. 11. In view of the above, it is held that the society's activities are limited to a mandir and worship of idol of Shri Govardhan Nath Ji. The public money received as donations has been spent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Goverdhannath Ji, to run gaushala and sanskrit school; to establish ayurveda and allopathy dispensary etc. and further to help mankind in case of any natural or man created calamities and to perform other religious activities as detailed in the bye-laws. One of the objects is to impart education to the students without any discrimination of caste or religion; to give scholarship and help to needy students for higher education etc. Apart from that, objects of organizing medical camps, blood donations are also part of the objects as per bye laws of the trust. The trust also holds the activity of 'bhandara (free food) to all. As per the provisions of section 11 read with section 12A of the Income Tax Act, 1961, the registration can be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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