TaxTMI 
TaxTMI 
2013 (6) TMI 736
X X X X Extracts X X X X
X X X X Extracts X X X X
.... does not contains the provision in the event of its Dissolution to the effect that upon the Dissolution, if any property remains after satisfaction of its Debts and Liabilities, the same shall be transferred to Trust having similar objects. 2. The Learned Commissioner ought to have consider the submission dated 18th Feb. 2013." 2. The assessee-trust has filed English version of trust deed originally written in Gujarati. Perusal of the aforesaid trust deed shows that it was executed by five persons on 03.02.2012. The assessee-trust subsequently applied for registration under the Bombay Public Trust Act 1950 which was granted by the Assistant Charity Commissioner, Jamnagar on 22.03.2012. The assessee-trust also applied for registration u/s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....stration sought u/s.12(A)(a) of the Act cannot be granted. However, the trust may make a fresh application for registration u/s.12AA with requisite modification in the trust deed and after rectification of the above referred lacunas, if it wishes so." 3. Aggrieved by the order passed by the Ld Commissioner of Income-tax, the assessee-trust is now in appeal before this Tribunal. In support of appeal, the Ld Authorized Representative for the assessee has filed written submissions which read as under:- "1. The Applicant is Trust Registered on 22nd March, 2012 with the Bombay Public Trust Act, 1950 vide Registration Certificate No.E-3471/Jamnagar. 2. The appellant Trust made application for Registration u/s 12(A)(a) of the Income Tax Act, 19....
X X X X Extracts X X X X
X X X X Extracts X X X X
....As per Sec. 12, Public Trust cannot be void on ground of absence of obligation. As per Sec.13 - Public trust cannot be void on failure of specific object or society etc. ceasing to exist. 4. There is nothing in the Bombay Public Trust Act, 1950 which prescribes any situation in case of dissolution of a charitable trust. There is no provision as to dissolution of a registered public trust. 5. Simply not mentioning any clause in the Trust Deed or not mentioning any words that the trust is irrevocable, it does not mean that the trust is not a Public Charitable Trust once it is duly registered under the Bombay Public Trust Act, 1950. Provisions of Bombay Public Trust Act, 1950 prevails over any other provisions mentioned in either the trust d....
X X X X Extracts X X X X
X X X X Extracts X X X X
....erefore denial of registration is not justified. 7. We request Honorable ITAT kindly direct CIT Jamnagar to grant the registration u/s 12A of the Income-tax Act, 1961. Reliance is placed on ITA 2798/Ahd/2012 dtd. 19.04.2013." 5. The Ld Authorized Representative for the assessee also relied upon the judgment of the Hon'ble Jurisdictional High Court in CIT v. Kutchi Dasa Oswal Moto Pariwar Ambama Trust [2013] 29 taxmann.com 228 (Guj.). 6. In reply, the Ld Departmental Representative supported the order passed by the Ld Commissioner of Income-tax. He also relied upon the judgment of the Hon'ble Delhi High Court in the case of Truck Operators' Union v. CIT [1981] 132 ITR 62 7. I have heard both the parties and carefully consider....
X X X X Extracts X X X X
X X X X Extracts X X X X
....de, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity. 10. As already stated earlier, the definition of "Charitable Purpose" as given in section 2(15) is in the nature of inclusive definition. Charity means an act of piety and benevolence intended to benefit the society at large. Education would qualify to be called a charitable activity only if it is of public character directed for the benefit of the community or a section of the community and not motivated by commercial or business considerations. An activity which is motivated by comme....