2014 (9) TMI 319

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Director of Income Tax (Exemption) passed an order against the respondentassessee. The respondent-assessee, therefore, approached the Income Tax Appellate Tribunal, Mumbai Bench, by filing Income Tax Appeal No.3061/Mum/2010. By an order dated 12th August, 2011 this appeal was allowed and the order of the Director was set aside. 2. The revenue has filed this appeal and in which Mr. Pinto submit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in the memorandum of appeal arises for determination and consideration. That is whether a new trust being formed and created by amalgamation of two trusts and with new name but no prior approval under section 12A of the Income Tax Act having been obtained, can the certificate under section 80G of the Income Tax Act be granted? Therefore, Mr. Pinto submits that the appeal be admitted. 3. On the ot....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ingle trust were no longer in existence and a third trust Ramhari Foundation has been formed. That is factually incorrect according to Ms. Sathe because all that has happened is that the name of the trust Dr. R.K. Dhote Public Charitable Trust has been changed to Ramhari Foundation. That is to the knowledge of the department because the requisite formalities under the Bombay Public Trust Act, 1950....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....renewed in April, 2009. The further renewal was not granted because the name of Dr. R. K. Dhote Public Charitable Trust was changed to Ramhari Foundation. We do not find that the Tribunal committed any error in holding that this material was not enough to refuse the request of renewal of the certificate under section 80G. Thus, this was a case of mere renewal and no wider controversy or larger que....