2019 (1) TMI 301

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....ven though assessee failed to intimate the changes made in object clause to CIT(Exemptions), as per the undertaking given in form no.10A and continued to enjoy benefits of valid 12A Registration year after year?"   3. Brief facts are that the respondent assessee is a registered / Charitable Trust. The Trust was also granted registration under Section 12A of the Income Tax Act, 1961 ("the Act" for short) by the Commissioner of Income Tax after examining the objects of the Trust and the nature of its activities. The registration was granted on 27.11.1973 on the basis of the Trust Deed dated 19.03.1969. The Trust Deed under went amendments in the year 1975 and again in the year 1979. These amendments were not communicated to the Commis....

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.... confirmed the view of CIT(Appeals). The Tribunal noted that the Assessing Officer has presumed that the registration originally granted under Section 12A of the Act does not survive, which would mean denial of benefit under Section 11 of the Act. The Tribunal also held that even after the amendments in the Trust Deed, which took place in the year 1975 and 1979, the objects of the Trust continued to be charitable. The Tribunal was of the opinion that the said amendments were in the nature of enabling powers given to the Trust to accomplish its original objects. The Tribunal referred to and relied upon the judgment of the Bombay High Court in case of Deccan Gymkhana Vs. Commissioner of Income Tax (2003) 262 ITR 459 and on the Supreme Court i....