TaxTMI 
TaxTMI 
2017 (3) TMI 1640
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....1626/Ahd/2015 Assessment Year N. P. 2. The assessee has raised following ground of appeal:- "1. On the facts and in circumstances of the case as well as law on the subject, the learned Director of Income Tax (Exemption) has erred in rejecting application for registration u/s 12AA of the Act." 3. In this case, assessee trust has submitted application for registration u/s. 12AA of the act in the office of DIT(E), Ahmedabad on 14th March, 2013. The DIT(E) has rejected the application of the trust as under:- "4. In this case it is seen from the application/record that there is no trust deed filed by the assessee. The trust has furnished the copy of letter dated 20/11/1999 of Gujartat state Wakf Board, Gandhinagar, which they are ....
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....ed from which its objects can be seen. In the absence of the deed, it cannot be known what were the objects of the trust originally, Whether, the objects have since changed. If the trust changes its objects on future again it would not be verifiable. Whether the trust is far any particular caste, creed etc. cannot also be know. In the absence of deed, it cannot be known as to what will happen to assets upon its dissolution, and even its objects cannot be verified as required by section 12AA(1). Hence, the application filed in form no. 10A for registration u/s. 12AA of the IT. Act is rejected. 7. Moreover, the trust is very old and it is charitable and religious trust and the main activity of the trust is religious and for general public,....
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....proper opportunity of being heard to the assessee." Subsequently the DIT(E) vide its order dated 31st March, has rejected the application u/s. 12AA by observing as under:- "With the direction of 'ITAT, the office of the undersigned vide this office letters even number dated 17.03.2015 asked to produced: following details/ documents. 1. Please submit list of main objects of the trust as you have simply submitted unsigned piece of paper claiming therein objects of the trust. The same cannot be taken into contingence as it is not supported with any cogent evidence. 2. Please specify the clause in trust deed regarding revocability or irrevocability. 3. Please specify the clause in the trust deed which say....
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.... 2. Please note that there is no specific clause of revocability or irrevocability as per trust deed. However in the first para of deed attached herewith, please note that trust is as per Mumbai Public Trust Act, 1950 and hence irrevocable. 3. Please note that the trust is based on religious tenets under the Quran according to the religious faith of islam. The objects are both charitable and religious. The similar type of Wakf namely Dawoodi Bohra' Jamat was allowed the registration by ITAT, Ahmedabad and order allowing registration was confirmed by the Hon'bie Gujarat High Court (Tax Appeal 1187/2006 (Guj), order attached. 4. As stated in para 2 above, trust is irrevocable and separate dissolution clause i....
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....name of assessee wakf, Shree Prentij Dasha Shrimali Vanik Gyanti Trust (ITA No. 407/Ahd/2013) and Shiya Dawoodi Bohra Jamat Vs. CIT-1 (ITA No. 208/Ind/2011. On the other hand, ld. departmental representative supported the order of the DIT(E). 6. We have heard both the sides and perused the material on record. We noticed that the assesse trust is based on religious tenets under the Quran and according to the religious faith of Islam. Further we noticed that assessee trust has been reristered with the Gujarat State Wakf Board as per Bombay Public Trust Act, 1950. As per the object of the Wafk surplus income after meeting the administrative expensesand repair work of wakf assests would be used for all the purposes(Religious or charitable). ....