Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
Applying the dominant object test, the Tribunal held that a trust whose deed showed education, scholarships, libraries and relief to the poor remained a public charitable trust even though it proposed Arabic, Islamic and Quranic instruction through a madarasa. Academic teaching of those subjects was treated as education, not religious worship, rituals or propagation, and the use of Islamic expressions or land linked to a masjid was insufficient to make the trust religious. The rejection of registration under section 12AB and approval under section 80G, based on that classification and unsupported by evidence, was set aside, and both benefits were directed to be granted.
Applying the dominant object test, the Tribunal held that a trust whose deed showed education, scholarships, libraries and relief to the poor remained a public charitable trust even though it proposed Arabic, Islamic and Quranic instruction through a madarasa. Academic teaching of those subjects was treated as education, not religious worship, rituals or propagation, and the use of Islamic expressions or land linked to a masjid was insufficient to make the trust religious. The rejection of registration under section 12AB and approval under section 80G, based on that classification and unsupported by evidence, was set aside, and both benefits were directed to be granted.
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