TaxTMI 
TaxTMI 
2014 (8) TMI 1036
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....f the Income Tax Act, 1961. 2. The Commissioner of Income Tax-V, Pune has erred in holding that the trust was purely for the benefit of a particular religious community or caste. 3. The Commissioner of Income Tax-V, Pune has erred in holding that the trust was no activities have been carried out for the last 3 years and in absence of any activity, the charitable purpose of the trust as well as genuineness of the trust cannot be verified and proved. 4. Your Appellant prays that trust be granted registration u/s 12AA of the I.T.Act, 1961. 5. Your Appellant prays to reserve the right to add, alter, amend and/or withdraw any of the above grounds of appeal. 2. According to CIT, the assessee trust is purely for the benefit of particul....
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.... of the legal effects of the proven facts and documents, that is, the legal implication of the objects of the assessee-trust as contained in the trust deed. It is only the objects of a trust as declared in the trust deed which would govern its right of exemption under section 11 or 12. It is the analysis of these objects in the backdrop of fiscal jurisprudence which would illuminate the purpose behind creation or establishment of the trust for either religious or charitable or both religious and charitable purpose. Therefore, the High Court had erred in refusing to interfere with the observations of the Tribunal in respect of the character of the trust on the grounds that they were pure findings of fact. (ii) That the objects of the assess....
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....ses would qualify as a charitable purpose qualifying under the head of education under the provisions of section 2(15) of the Act. Similarly, assistance by the assessee-trust to the needy and poor for religious activities would not divest the trust of its altruist character. Therefore, the objects of the trust exhibited the dual tenor of religious and charitable purposes and activities. Section 11 of the Act allowed such trust with composite objects to claim exemption from tax as a religious and charitable trust subject to the provisions of section 13. The Activities of the trust under such objects would, therefore, be entitled to exemption accordingly. In re : trustees of the tribune [1939] 7 ITR 415 (PC) and In re : SOUTH PLACE ETHICAL S....