2015 (5) TMI 5

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....DER (Per : Honourable Mr. Justice M. R. Shah) 1. Feeling aggrieved by and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal, Ahmedabad (hereinafter referred to as "learned Tribunal") dated 11.10.2013 passed in ITA No.610/ Ahd/2013, by which the learned Tribunal has allowed the said appeal preferred by the respondent herein and has directed the ....

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....arned Tribunal, it appears that the learned Tribunal has allowed the appeal preferred by the respondent herein relying upon the decision of the Coordinate Bench in the case of Shri Chargam Dasha Porwad Mahamandal, ITA Nos.337 and 338/Ahd/2013 and considering the fact that in the case of the respondent trust, there is a dissolution clause and the provisions made in the trust deed itself, in the eve....

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....E), it appears that in the trust deed of the respondent trust, there is a provision/clause with respect to closure of the trust, which reads as under: "If necessary to close the trust then the property of trust be handover other institution trust having similar objects by passing resolution by minimum 2/3rd majority of members and unanimous decision of committee working trustees." 6. Under the c....