Registrar, Chandigarh on 21.4.2006. The trust was constituted of two
trustees i.e. Smt. Usha Devi Saboo and Smt. Anuradha Saboo. The aims
and objects ... charitable in nature. Another
Trust Deed was registered on 1.11.2006 in which two new clauses were
incorporated. The first clause incorporated in the said Trust
Charitable Trust is related to the present
trustee of K.M. Shah Charitable Trust. The present trustee of K.M.
Shah Charitable are Dr.Mansukh ... Shah who is the wife of Dr. Dixit Shah, are the two
trustees in Sumandeep Charitable Trust. The registration of
Sumandeep Charitable Trust had been
benefit to author's wife (one of the trustees)
and third and last trustee (who is also a doctor). Such an arrangement
defeats ... process generate profits for the benefit of the
author and other two trustees. And I do not find any charitable activity
in the stated objects
Declarants" appearing in the Trust Deed
should refer to the two trustees now appointed.
However, this unilateral declaration is not registered.
Hence ... trust.
Moreover, the assessee has unilaterally adopted his two sons as
trustees and the amended deed has not been registered. At the
same time
registration. In the 'Trust'
deed dated 09.05.1997 there were two Trustees: Dr Mrs R.
Kalaichelvi and Dr G. Arumugam. They are wife ... Trustees three others were inducted. The 'Trust' for all
practical purposes is mainly run by Dr G Arumugam. The role of
other Trustees
contention that the complainant Dharmodhayam Company, Thrissur represented by two trustees is a charitable institution. The contention of the opposite parties is that the complainant
individual'. In the
impugned assessment year, she was trustee of two educational
trusts and also a partner in a firm by the name
another trust namely Saint John Lady Jeejeebhoy Trust which had the same
trustees as those of the applicant trust. Both the trust had given application ... trust. There was only amalgamation of two trusts having identical
objects and common trustees which was allowed under section 50A of the
Bombay Public Trust
funds with another Trust in which the trustees had
substantial interest and therefore, the trustees
had directly or indirectly derived benefit.
According ... themselves. We cannot
say that just because two Trusts are having
common trustees, they are related concerns.
Trust will not fall within the concept
Assessing Officer that
the following amounts were due from two concerns in which
Managing Trustee of the assessee, namely, Shri P. Subramani was
an interested ... evidence which lies
on it is much more rigorous. Except for two Memorandum of
16 I.T.A. No. 1668/Mds/12
Understandings, nothing
