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(ii) If any part of income or any property of the trust or the institution (whenever created or established) is during the previous used or applied, directly or indirectly for the benefit of any person referred to in sub-section (3):"

In the absence of the Dissolution clause, the presumption of the law is that the assets and liabilities of the Trust will be distributed amongst tire members of the Trust in case the entity closes its operations or is disbanded. The provisions of Section 13(l)(c) of the Act are clearly attracted without this dissolution clause. There is no satisfactory response on the issue of lack of dissolution clause in the Trust Deed.

(iv) Trust deed does not include the dissolution clause.

7.1 Our attention was drawn to the aims and objects of the trust wherein xiii aims and objects have been included in the trust deed. In the order, it is observed by the Ld. CIT(E) that the assessee trust has been formed for the purposes of religious activities i.e., Dhian, Sadhana, Prayer, Bhajan Sandhya and Preachings and at present temple has been constructed. Further as claimed by the assessee, the funds have been utilized for construction of Aradhana Bhawan/Prayer center cum temple for the use of public for prayer, pravachan, bhajan kirtan and discussion of spiritual and religious subjects, which goes to show that the assessee is carrying out certain activities which can be termed as religious activities but in our considered opinion can also be construed as a charitable activities. As there is no bar in granting a registration u/s 12AA of the Act to the Application trust for religious purposes, therefore, we are not in agreement with the observations of the impugned order as mentioned by us in para not 7(i) and 7(ii).

7.3 Now coming to the 4th ground which relates to absence of dissolution clause in the trust deed, our attention was drawn by Mr. K R Jain (Ld A.R. of the Assessee) to the Memorandum of Association and Rules and Regulation of Trust, wherein in para No.45 the dissolution clause has been mentioned indirectly, which for the sake of ready reference is reproduce herein below.

TRUST IRREVOCABLE The Trust hereby declared and created shall be and remain irrevocable for all times. However, by a unanimous decision of all the Life Trustees, the same may merge into/amalgamate with any other Trust or Society etc. having inter alia the said or similar objects.

So from the clause No.45 of the trust deed, the dissolution clause is exists hence the instant ground of rejection is also not sustainable.

7.4 The Ld. CIT(E) in the concluding part of its order also observed that no evidence has been adduced in favour of the entity existing for the benefit of the general public. From the aims and objects, it clearly reflects that there is no restriction for any caste, colour, creed, sector, sex, age and/or other natural or man-made differences and further the aims and objects of the trust is beneficial to the public at large, hence this ground of rejection is also not sustainable.