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23. Once the Ministry of Finance is of the above opinion, then, Respondent No.1, who functions under the administrative authority of such Ministry, cannot take a contrary stand.

24. The above discussion clearly demonstrates that Respondent No.1 has completely misapplied the legal position. He has not understood the provisions of the Act and the MPT Act in their correct perspective. His apprehensions, if any, are completely unfounded. There cannot be any presumption that in the absence of an irrevocability clause, a trust is revocable and there is a possibility that the assets settled by the settlor would revert back to him. On the contrary, as explained earlier, unless there is any revocability clause, the trust is irrevocable and even in case of a revocable trust registered under the MPT Act, the assets would never revert back to the settlor.

3.6. He placed reliance on the decision of Co-ordinate Bench of this Tribunal in the case of Amita Memorial Trust vs. CIT(E) in ITA No. 1262 and 1263/Mum/2026 vide order dated 30/03/2026, wherein this Tribunal held as under:-

"7.1. We perused the judgment of the Hon'ble Court in the aforesaid Writ Petition and find that the issue before us is identical to what has been contested in the judgment by the Hon'ble Court. All the aspects as contended by the ld. Counsel before us have been elaborately considered and dealt with by the Hon'ble Court including its own judgment in the case of Tara Educational and Charitable Trust (supra.) as well as provisions of the Act and of the MPTA. Hon'ble Court has also dealt with procedural aspect of uploading the form on the e-portal of the Income-tax Department whereby assessee is required to submit its answer on the question of "Whether the Trust Deed contains clause that the trust is irrevocable?" in either "Yes" or "No". Hon'ble Court, after detailed discussion analysed and summarized its judgment in para 45-46 to held that a public charitable trust is deemed irrevocable by operation of law unless the instrument of trust expressly provides a power of revocation. According to the Hon'ble Court, action of ld. CIT(E) is contrary to the plain language of the statute, binding judicial precedent of this very Court and is manifestly arbitrary. In para 46, by allowing the writ petition, it passed the order giving certain directions whereby Revenue is refrained from rejecting the applications for registration/renewal u/s 12AB on the ground of absence of an explicit irrevocability/dissolution clause in the Trust Deed. Hon'ble Court also directed that Revenue shall not treat the answer "Yes" to row no. 6 of the Form 10AB as furnishing false or incorrect information which shall not be a ground to reject the application for registration u/s 12AB. It is also directed for the consequential order I.T.A. No. 195/Mum/2026 passed denying registration u/s 80G which are to be set aside and the registration be granted u/s 80G which is consequential to granting of registration u/s 12AB. In sub-para (vi), Hon'ble Court made specific mention that all such orders where renewal of registration u/s 12AB has been rejected on the grounds discussed in the said judgment are quashed and set aside.
7.2. Relevant para 45 and 46 of the judgment by the Hon'ble Court (supra) are reproduced for ready reference:
"45. In summary, we hold that a public charitable trust is deemed irrevocable by operation of law unless the instrument of trust expressly provides a power of revocation. The absence of an explicit irrevocability clause is not a ground for rejecting an application for registration or renewal under section 12AB of the Act. Even if the Deed provides for any revocability clause, due to operation of sections 22(3A) and 22(3B) of the MPT Act, such trusts, which are registered under the MPT Act, would be irrevocable insofar as the Income-tax Act is concerned but we leave this issue open to be decided in an appropriate case. The action of Respondent No. 1 is therefore, contrary to the plain language of the statute, binding judicial precedents of this Court, and is manifestly arbitrary. Such action, as rightly pointed out by the Petitioners, have shaken the entire ecosystem of functioning of the charitable trusts. It cannot be forgotten that the trusts are contributing to nation building by doing charitable activities and that too voluntarily and, thus, must be treated with a fair and reasonable approach by the revenue.

3.7. On the other hand, the Ld.DR strongly relied upon the order passed by the Ld.CIT(E) and submitted that the same has been passed after due verification of the application filed in Form No. 10AB and the documents furnished by the assessee.

3.8. The Ld.DR submitted that the assessee categorically stated in row 6 of Form No.10AB that the trust deed contains clause regarding irrevocability. However, on verification of the trust deed/MoA, no such clause relating to irrevocability or dissolution/winding up of the trust was found. It was thus I.T.A. No. 195/Mum/2026 submitted that the assessee furnished incorrect information in the application, which goes to the root of the matter.