2020 (2) TMI 545

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....e was allowed and the order passed by the CIT(E), Bhopal was set aside. 2. The appellant has claimed the following substantial questions of law:- "1. Whether, on the facts & circumstances of the case, and in law, the ITAT is correct in holding that a public charitable Trust does not require to comply with local law of MP requiring registration under MP Public Trust Act 1951 ? 2. Whether, on the facts and in the circumstances of the case and in law, the ITAT is correct in holding that genuineness of the activities of the trust does not include compliance with requirement of local law namely MP Public Trust Act ?" 3. Briefly stated, the facts of the case are that the respondent-M/s Maharashi World Peace Trust (for shor....

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....l may be allowed by setting aside the order impugned in this appeal. 5. Having heard learned counsel for the appellant/Department, we are of the considered opinion that the present appeal deserve to be dismissed. 6. The learned Tribunal while dealing with the argument of learned counsel for the assessee Trust regarding rejection of application filed under Section 12AA of the Act for the reason that the assessee Trust was not registered as a Public Trust as per M.P. Public Trust Act, 1951 has negatived the said finding of the CIT(E), Bhopal and held as under:- "6. As per the provisions of Section 12AA(1) of the Act provides that "Principal Commissioner or Commissioner, on receipt of application for registration of the Trust or....