days from the
date of amendment. This amendment has come in to effect from 1/04/2018. The
above amendment has been explained ... provisions in the Income Tax Act, 1961 that mandates
the trust to inform amendment to the objects, if the registration has already been
granted. Therefore
prima
facie activities of the Trust are no longer charitable in nature.
3.The assessee was called upon to show cause as to why action ... taken by the assessee trust.
•(iii)Other case laws are distinguishable on facts.
•(iv)Each judgment relying on Lok shikshana trust
that
even after the amendment of section 2(15) w.e.f. 2009, to
know whether the income of the trust or the institution ... that even after the amendment
of section 2(15) w.e.f. 2009, to know whether the income of the
trust or the institution
with commerciality and are not in
conformity with the object of the trust. The case laws cited by the
assessee are not applicable ... Kanhiyalal Punj Charitable Trust vs. DIT (2008) 171 Taxman 134 (Del.)
relied upon)
Notwithstanding the above, in view of the modification/amendment
made to section
activities of such
Trust or Institution are not genuine, and (b) The activities of the
Trust or Institution not being carried out in accordance with ... part of
the corpus of the trust or institution. Section 12 of the Act
pertains to income of trusts or institutions from
contributions. Sub-section
issuing an amendment in the MCI act and replaced by Boards of Governors
of 7 persons. As per this amendment the Board of Governor ... registration of such trust or institutio n:
Provided that no order under this sub-se ction shall
be passed unless such trust or institution
milkmen/ cow owners at a reasonable price. Thus the assessee trust is
providing the balanced and nutritious fodder for the cows so that the
milkmen ... that the activity of
the assessee trust is not as per the object clause of the assessee trust and
further the activities
incidental to
attainment of objectives of the trust. Thus, a blanket prohibition is created by this
amendment.
3
I.T.A. No. 590/Coch/2019 ... stood
before the amendment brought in by the Finance (No.2) Act, 1991 with effect
from 1-4-1992. The amendment has brought
registration of such trust or institution: Provided that no order under this
subsection shall be passed unless such trust or institution has been given ... trust or institution
are not genuine, (b) The activities of trust or institution not being carried out in accordance with the
object of the trust
factual position had wrongly concluded that the activities of the assessee trust
were hit by the „proviso ... which
we find had been subjected to an amendment by the legislature, vide the
Finance Act, 2015 , w.e.f 01.04.2016. Post-amended definition
