2018 (7) TMI 1815

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....n'ble ITAT is justified in allowing the appeal of the assessee for statistical purposes by setting aside the order under Section 12AA (1) (b) of CIT (E), Jaipur? ii. Whether on the facts and circumstances of the case and in law the Hon'ble ITAT is justified in holding that it is not necessary that the trust should be established under an instrument, in spite of the fact that as per the Rajasthan Public Trust Act, 1959, the trust within the period of two years from the date of its creation it to be registered by the office of Asst. Commissioner having jurisdiction over such places? Iii. Whether on the facts and circumstances of the case and in law the Hon'ble ITAT is justified in setting aside the order of CIT(E), Jaipur in....

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....se than under an instrument, what type of document evidencing the creation of the Trust or the establishment of the Institution, has to be filed, meaning thereby that the document evidencing the creation of Trust of the establishment of Institution could be of any type. As per the provisions of the Indian Trust Act, the trust can be created even orally and if the assessee is able to give some evidence of creation of such Trust by a word of mouth, the same shall be eligible for registration u/s 12AA/12A of the Act, provided such evidence is filed and the other conditions under the statute are satisfied." In view of the decision of the Coordinate Bench, we deem it proper to restore this appeal of the assessee before the id. CIT (Exem....

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....y of the Trust along with aims, objects and purposes. Various provisions with regard to the management of the Trust and its properties and the maintenance of accounts etc. were also set out. It was stated that the objects of the trust were wholly charitable and religious in nature. The ITAT has in its impugned order set out in some detail the contents of the said affidavit regarding the creation of the Trust in Central Tibet in 1159 AD and its objectives and activities over the years. The Court concurs with the ITAT that a formal deed of trust was not necessary for the grant of registration under Section 12A/12AA of the Act. 7. On the question whether the objects and purposes of the Trust were charitable thereby qualifying for regi....