2015 (4) TMI 263

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.... (Per : Honourable Mr. Justice M. R. Shah) (1.0) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal 'SMC' Bench, Rajkot (hereinafter referred to as "the tribunal") dated 28/03/2014 in ITA No.458/Rjt/2013 by which the learned tribunal has allowed the said appeal preferred by the respondent-trust and has directed th....

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.... the decision of the coordinate Bench in the case of Chargam Dasha Porwad Mahamandal Vs. DIT (Exemption) being ITA Nos.337 & 338/Ahd/2013, allowed the appeal preferred by the respondent-trust and has directed the Commissioner to grant / issue the registration certificate under Section 12AA of the Act by holding that the respondent-trust is registered with the subregistrar and, therefore, registrat....

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....cation and Charitable Trust, Manavadar by which the learned Commissioner has provided the registration certificate under Section 12AA of the Act on the following conditions; "The trust should be irrevocable. However, for some reason trust is to be dissolved then no property would go to any founder, settler, trustee or donor, member etc. but the properties after meeting liabilities would go to s....

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....ndenttrust under Section 12AA of the Act are hereby quashed and set aside and the matter is remitted to the file of the Commissioner of Income Tax (Exemptions), Ahmedabad having its office at Second Floor, Nature View Building, Ashram Road, Ahmedabad to consider the application of the respondent-trust afresh in accordance with law and on its own merits and to consider the request made by the respo....