TaxTMI 
TaxTMI 
2012 (8) TMI 448
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....sel O R D E R PER S.S.GODARA, JUDICIAL MEMBER: ITA No.1349/Mds./11 This assessee's appeal is directed against the order of the Commissioner of Income Tax-I(i/c), Madurai dated 06.06.2011 passed in C.No.464/192/2010-11/CIT-1 in proceedings under section 12AA of the Income Tax Act, 1961. 2. Brief facts of the case are that the assessee-trust submitted its application for registration under sect....
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....). By referring to Hon'ble Supreme Court judgment in the case of CIT Vs. Upper Ganges Sugar Mills Ltd. (227 ITR 578), the CIT has held that the presence of even one religious purpose in the deed disentitles the trust from seeking approval. 4. In addition to this, while rejecting the assessee's application, the CIT has also considered CBDT circular No.762, dated 18.02.1998. Therefore, the assessee....
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....ictional Madurai High Court(supra) has been pleased to hold as under:- "6. From a reading of the above, it is clear that the income derived from the property held under trust wholly for charitable or religious purposes, shall not be included in the total income of the Trust. Therefore, the said provision would be applicable to both the Trusts established with the object of charitable as well as r....
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....stal clear that the very reason as stated by the CIT does not hold ground in view of the Hon'ble Jurisdictional High Court judgement. Accordingly, the appeal stands allowed. 8. This appeal by the assessee is directed against the order of the Commissioner of Income Tax-I(i/c), Madurai dated 06.06.2011 passed in C.No.464/192/2010-11/CIT-1 in proceedings under section 80G(5) of the Income Tax Act, 1....