The Mumbai bench of Income Tax Appellate Tribunal (ITAT) held that the trust was not eligible for section 12AB registration under pre amended deed.
The assessee, Nenawat Chhogmal Jethamal Jain Memorial trust was granted provisional registration under section 12AB of the Income Tax Act 1961,in form 10AC and it has amended its trust deed by preparing an addendum , but approval obtained from the Charity Commissioner for the above said amendment has not been placed on record.
The commissioner of Income Tax( CIT(E)) rejected the application of the assessee and observed that it was a non-amended trust deed specifically uses the word ‘only’ with regards to all social, charitable philanthropic, religious and educational purposes, program and functions to limit the benefit of these activities to a particular religious community specifically Tristutik Jain Samaj.
The contention made by the commissioner of the Income Tax (CIT) that the approval obtained from the charity commissioner for the amendment made to the trust deed by way of addendum has not been placed on record.
Counsel for assessee submitted that the assessee has already submitted addendum to the charity commissioner, Jodhpur by way of registered post.
The Coram comprising Kavitha Rajagopal(Judicial member) ,B.R. Basakaran (Accountant Member) provided one more opportunity to furnish the details of registration of the amendment carried out by the assessee to the trust deed with the charity commissioner and set aside the impugned order passed by commissioner of Income Tax (CIT(E)).The appeal filed by assessee got allowed.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
