2012 (8) TMI 448

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....ri K E B Rengarajan Jr. Standing Counsel 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 submit....

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....he objects as both religious and charitable(supra). 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 circula....

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....le. In the case law referred by Ld. A.R, the Hon'ble jurisdictional 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 ....

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....d herein are answered against the Revenue." It is therefore, crystal 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-....