2015 (7) TMI 145

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....h the Asst. Charity Commissioner vide certificate dated 09.07.1969. The assessee-trust has made an application for registration u/s 12AA of the Income-tax Act on 25.03.2013 alongwith (i) Form No.10A, (ii) Certified copy of the Trust Registration Certificate issued by the Asstt. Charity Commissioner, Rajkot, (iii) certified copy of Trust Deed, (iv) Copies of Audited Accounts for the years 2009-10, 2010-11 & 2011-12, (v) Copy of bank pass book and (vi) application for PAN. On verification of the trust deed, the ld Commissioner of Income-tax-III, Rajkot observed that the main objects of the trust is to do religious activities such as maintain temple and other religious activities like dharmada etc. Therefore, a report from the field office in ....

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....n case of dissolution of trust, the arrangement of disposal of net assets after meeting its all liabilities are not specified in trust deed. Further, the assessee trust failed to produce the books of accounts, ledger accounts of expenses, donation receipts books, ledger account of expenses etc. In absence of this, the activities of the assessee institution can not be verified. 6. In view of the above facts, the assessee trust does not qualify for registration u/s 12AA of the Act. Accordingly, assessee's application for registration u/s 12AA of the Act is hereby rejected." Aggrieved with the order of ld. Commissioner of Income-tax, Rajkot-III, Rajkot the assessee-trust is now in appeal before this Tribunal, on the following grounds:- "....

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....05.2013, wherein the Tribunal has allowed the appeals of the assessee by observing as under:- "3. We have considered the rival submissions carefully and perused the orders of the DIT (Exemptions) as well as the decision of the ITAT Delhi in the case of Shri Sai Samarpan Trust Co. (supra). We find that the only reason advanced for refusing the registration u/s 12AA and 80G(5) of the Act by the DIT (Exemptions) is that there is no dissolution clause in the trustdeed and trust does not have any clause that the trust will not be dissolved and it is a perpetual trust. This issue of refusing registration in the absence of dissolution clause in the trust-deed is covered in favour of the assessee with the decision of Co-ordinate Bench of Delhi T....