receipts exceed the stipulated limit but the
Trust as such cannot be considered as non-charitable/non-genuine in
nature so as to cancel ... Trust are non-genuine or the same were not carried out in
accordance with the objects of the Trust. In other words, so long
assessee trust are not genuine
on the contrary, it is seen that the affairs of the assessee trust
would clearly indicate that the undersigned ... only
non-genuine in nature but also some of its activities would fall
outside the objects of the trust.
(ii) it would be worthwhile
1074/Mum/2012
trust itself becomes non-genuine as it looses its status of public charitable trust and
accordingly the provisions of section 12AA ... claim exemption in this year but that fact alone cannot make the Trust
non-genuine for the purpose of invoking section 12AA
assessee are not In the nature of mutuality and are from
non-members. It is seen that the assessee has filed letter ... claimed that since the appellant was not found to be a
non-genuine trust nor there is a deviation in its objects no
adverse view
assessee-trust are non-genuine or it has commenced any
activities which are not in accordance with objects of the trust. A
perusal of impugned ... effect that if amended objects of the trusts are not non-genuine
and charitable in nature, then mere failure on the part of the
assessee
Exemption) that the appellant society had invested surplus
funds of the trust in the form of FDs and applicability of the proviso to section ... itself would not
render the activities of the assessee trust as non-genuine activities, so as to,
entitle Commissioner of Income Tax (Exemption) to cancel
social contract amongst its member assessee was
registered as a charitable trust, falling in the category of 'advancement of any
other objects of general public ... identity or character or charitable
trust, it became a non-genuine charitable trust.
10 ITA No.398/K/2012
Lotus Charitable Trust
that once a trust / institution
looses its charitable character, it becomes non-genuine for the
purpose of section 11 of the Act. Accordingly, provisions ... therefore, has
held that the activities of the trust have become non-genuine.
Undisputedly, the assessee was registered as a company in the year
found to be non-genuine or its activities are not in accordance with the objects for
which such trust or institution was established,the registration ... found to be non-genuine or its activities are not in accordance with
the objects for which such trust or institution was established
activities were carried, the activities of the trust were not genuine. The
activities undertaken by the assessee trust in the process of setting ... cannot be made basis to hold that, activities of trust, were non-genuine activities.
6. In view of the above, we do not find
