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| The Tax Publishers2020 TaxPub(DT) 2337 (Ind-Trib) INCOME TAX ACT, 1961
Section 12AA
As objects of assessee trust were religious as well as charitable, therefore, denial of registration under section 12AA on the ground that objects were for the benefit of a particular community, was not justified.
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Charitable trust - Registration under section 12AA - Denial on the ground that objects of the assessee trust reflected activities to be carried on for the purpose of Jain religion -
Assessee trust registered with Registrar of Public Trust applied for registration under section 12AA. CIT(E) noticed that trust deed referred to particular Jain Community and maintenance of old Jain temple. Accordingly, CIT(A) rejected assessee's application on the ground that objects were for the benefit of a particular community.Held: Perusal of trust deed showed that objects of the trust were both religious and charitable in nature and trust deed referred to particular Jain community and maintenance of old Jain temple but apart from this objects also included providing medical relief to both human beings, birds and animals. The objects also includes providing place for meditation. As regards the issue raised by CIT(E) about ownership of temple by said trust, the temple was 300 year old Jain temple. Being maintained and used for religious and charitable purpose by assessee trust under certificate granted by Municipal Council. As objects of assessee trust were religious as well as charitable, therefore, assessee was entitled for registration under section 12AA.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
IN THE ITAT, INDORE BENCH
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