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| The Tax Publishers2020 TaxPub(DT) 0965 (MP-HC) : (2020) 315 CTR 0469 INCOME TAX ACT, 1961
Section 12AA
There is no mandate under section 12AA of the Act that the application seeking exemption is required to be applied only by a registered Trust or Institution under the local laws i.e. M.P. Public Trust Act, 1951.
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Charitable trusts - Registration under section 12AA - Assessee whether required to get registered under local laws before applying for registration under section 12AA -
Issue arose as to whether Tribunal was justified 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. Held: In 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 Tribunal cannot be faulted and said to be illegal or perverse in any manner. There was no reason to take a different view from the one taken by Tribunal as there was no statutory requirement for assessee Trust to get itself registered under any law before applying for registration.
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
IN THE MADHYA PRADESH HIGH COURT
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