INCOME TAX ACT, 1961

Section 12AA

Charitable trusts - Registration under section 12AA - Distinction whether present in Income Tax Act, 1961 as regards trusts having both charitable and religious purpose as their objectives -

Revenue challenged order of Tribunal holding that assessee was entitled for registration under section 12AA and that assessee was entitled for approval under section 80G. Held: Counsel of both sides submitted fairly that issue involved was no longer res integra and was decided by Coordinate Bench of Court in Director of Income Tax (Exemptions) v. Seervi Samaj Tambaram Trust, following Supreme Court in CIT v. Upper Ganges Sugar Mills Ltd. 227 ITR 578 and State of Kerala v. M.P. Shantiverma Jain (1998) 231 ITR 787 (SC). Supreme Court had held that Income Tax Act, 1961 does not make any distinction with regard to the objectives of the Charitable and Religious purposes and Trusts having both these objectives can also be registered under section 11 or 12AA.

Followed:State of Kerala v. M.P. Shanti Verma Jain (1998) 231 ITR 787 (SC) : 1998 TaxPub(DT) 1323 (SC); Upper Ganges Sugar Mills Ltd. v. CIT (1997) 227 ITR 578 (SC) : 1997 TaxPub(DT) 1328 (SC); Director of Income Tax Exemptions v. M/s. Seervi Samaj Tambaram Trust 2014 TaxPub(DT) 1817 (Mad-HC)

REFERRED :

FAVOUR : In assessee's favour

A.Y. :

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