2012 (3) TMI 679

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....rtment by : Shri M.N. Moorthy Naik, JCIT, DR ORDER PER GEORGE MATHAN, JUDICIAL MEMBER : ITA No. 55/Mds/2012 is an appeal filed by the assessee against the order of Director of Income-tax Exemptions, Chennai in appeal No. DIT(E) No. 2(119)/11-12 dated 30.11.2011. 2. Shri T. Vasudevan, Advocate, represented on behalf of the assessee and Shri M.N. Moorthy Naik, JCIT, D.R. represented on b....

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....said Form prescribes the format of the notice of accumulation of income to be given by charitable and religious trusts u/s 11(2) of the Act. For the purpose of availing the benefit of section 11, registration is required. Section 11(1) reads as under: 11(1). Subject to the provisions of sections 60 to 63, the following income shall not be included in the total income of the previous year ....

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....Therefore, section 12AA of the Act does not make any difference between the trusts created with the object of charitable and religious purposes and even if the trust is not created with both the objects, law does not make any disqualification for the trust to make an application for registration. Therefore, the Tribunal has correctly applied the provision of law and allowed the appeal, which findi....