2020 (12) TMI 1027

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....able and religious institution. 2. As per the bye-laws of the appellant-trust, the stated aims and objects of the trust are to do sewa, wish, bhog, festival, devotion, kirtan etc. as per Pushtimargiya community & principles established by Shri Vallabhacharya Ji; and according to divine character of Shri Goverdhannath Ji to run gaushala; further to run Sanskrit school; to establish ayurved and allopathy dispensaries etc. The appellant-trust applied for registration u/s. 12AA of the Income Tax Act, 1961 (in short 'the Act') to the Ld. CIT(E), however, the Ld. CIT(E) rejected the application of the trust observing as under:- "9. Further the applicant has stated in 'note on activities' that the trust has performed ac....

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....n the public charitable nature of the trust. 10. It is further seen that the applicant trust has filed its returns of income in the Form No. ITR-5 for the A.Y. 2016-17 and 2017-18 which is required to be filed by firm, AOP and BOI. It is pertinent to mention that as per rule 12(1) of the IT Rules, 1962, the returns of income of the society/trust/company which works on the principal of 'no profit no loss', are required to be filed in Form No. ITR-7. Filing of return of income in Form No. ITR-5 clearly indicates that the applicant trust in its own perception as well deems itself to be out of the ambit of charitable activities. 11. In view of the above, it is held that the society's activities are limited to a man....

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....ood objects, bhog, festival, bhakti, kirtan etc. and further according to divine character and principle of Shri Goverdhannath Ji, to run gaushala and sanskrit school; to establish ayurveda and allopathy dispensary etc. and further to help mankind in case of any natural or man created calamities and to perform other religious activities as detailed in the bye-laws. One of the objects is to impart education to the students without any discrimination of caste or religion; to give scholarship and help to needy students for higher education etc. Apart from that, objects of organizing medical camps, blood donations are also part of the objects as per bye laws of the trust. The trust also holds the activity of 'bhandara (free food) to all. As....