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Income Tax - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

Section 13(1)(b) is inapplicable to trusts created before 1961. ...


Assessee trust formed in 1937 eligible for registration despite catering to particular community.

Case Laws     Income Tax

August 16, 2024

Section 13(1)(b) is inapplicable to trusts created before 1961. The assessee trust was established in 1937, prior to the Income Tax Act, 1961. Despite being created for a particular community, section 13(1)(b) cannot deny registration as it applies only to trusts formed after 1961's commencement. The CIT(E) erred in denying registration on this ground. Registration should be granted if other conditions u/s 12AB and Rule 17A are met. The appeal is treated as allowed for statistical purposes.

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