TaxTMI 
TaxTMI 
2019 (10) TMI 1539
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....unal and submitted that the ld CIT(Exemptions), Patna has wrongly concluded that the activities of the trust are not genuine as it has violated the objects of the trust. Ld A.R. further submitted that the registration u/s.12AA of the Act was granted on the basis of new trust deed executed on 20.9.2005 and, therefore, the earlier deeds are not relevant at all. Ld A.R. submitted that since the registration was granted on the basis of trust deed of 2005, the question of intimation to the department did not arise at all. Ld A.R. vehemently pointed out that the entire facts were available with the CIT(Exemptions) at the time of grant of registration u./s 12AA of the Act and the same was granted on the basis of trust deed executed on 20.9.2005. L....
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....the order of cancellation of registration is sustainable looking into the facts and circumstances of the case. 5. Ld CIT DR drew our attention towards relevant operating para of the impugned cancellation order and submitted that the activities of the assessee trust are not genuine, it has violated the objects of the trust by changing original trust deed created in 1948, in the year 1987 and again in the year 2005 against the wishes of the founder and without intimation to the department. The ld CIT(E) also submitted that the assessee trust has entered into the development agreement and sold the land belonging to Deity, for which, Hon'ble High Court of Jharkhand has allowed the writ against the assessee trust and the Central Bureau of Inves....
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.....10.2017, wherein, the Assessing Officer has made recommendation to the CIT(E) that the trust deed created in 2005 with intent of changing the original trust deed of 1948 and 1987 by trustee who acted against the wishes of founder of the trust and land belonging to deity were sold for development and that the trust created was not lawful going against the wishes of founder. The ITO (Exemptions) also intimated that the trusts were not competent to change the original trust deed and hence, the new trust deed created in 2005 was not genuine. Indicating the above glaring facts, the ITO recommended that the registration u/s.12AA of the Act may kindly be cancelled. 9. On being asked by the Bench, ld A.R. could not controvert the above observatio....