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June 2024

Charitable purpose — Registration of trust — Appeal to appellate tribunal — Power of Tribunal to grant registration: Charitable purpose — Registration of trust — Factors to be considered by Commissioner — Objects of trust and genuineness of activities of trust — Whether trust entitled to exemption on facts to be considered by Assessing Officer:

By K B Bhujle | Ritu Punjabi, Advocates
Reading Time 3 mins
18 CIT(Exemptions) vs. Nanak Chand Jain Charitable Trust [2024] 462 ITR 283 (P&H.) A. Y. 2016-17 Date of order: 8th February, 2023 Ss. 11, 12AA and 254(1) of ITA 1961 Charitable purpose — Registration of trust — Appeal to appellate tribunal — Power of Tribunal to grant registration: Charitable purpose — Registration of trust — Factors to be considered by Commissioner — Objects of trust and genuineness of activities of trust — Whether trust entitled to exemption on facts to be considered by Assessing Officer: The assessee trust was set up by one VOL, a limited company as the settlor, to carry out its duties under the CSR as provided under the provisions of section 135 of the Companies Act, 2013. The objects of the trust were in the nature of eradicating hunger and poverty, promotion of education, promoting gender equality etc. An application for grant of registration u/s. 12AA was filed before the Commissioner (Exemptions) on 28th March, 2016 which was rejected by the Commissioner on the ground that the assessee trust had been formed by the settl

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