constitute a Charitable Trust in the name of "The Willington Charitable Trust". The assessee's Trust Deed mentioned the objects such ... achievement of the object of the trust it would amount to incidental to the achievement of the object of the trust not withstanding the profit
same as
corpus of the trust. The objects of the trust have been stated in the trust deed as
follows:
a) "To establish ... persons, associations,
institutions and bodies engaged in charitable activities or objects similar to
the objects of the Trust."
During the year under consideration
create the respondent-Trust as a public charitable trust by the
PRADAN Property Holding Trust Deed dated 1st August, 2000. That
Trust Deed, which ... Pradan.
The aims and objects of the assessee trust do not
contain any object which cannot be said to be
charitable object. Under section 12AA
petitioner trust is
being used for charitable purposes, as per the object of trust or
not. Learned Commissioner refused to grant renewal of
exemption only ... income. If
income is being utilised for charitable purposes as per the
object of the trust/society, then exemption ordinarily cannot be
refused.
13. Learned
object and its purpose an object of general public
utility to constitute it a public trust within the meaning of
the Bombay Public Trusts ... charitable purpose. The trustee must be under an obligation to apply either
the corpus or the income of the trust fund to a charitable object
objects of the
trust. Now, in the present case, in clause No.3 of the
trust deed, assessee has provided many aims and
objects. Accordingly ... Learned
Commissioner is required to see prima facie whether
objects of the trust are charitable or not and its
activities are genuine
petitioner is a charitable educational trust engaged in educational
activities since 23.8.1983. The petitioner-Trust has been constituted in
pursuance of resolutions dated ... petitioner-Trust that it has amended its Trust
Deed. In para 7 of the impugned order, the object of Trust Deed has been
extracted, which
institute a suit against any trust created for public purposes of
charitable and religious nature. The very object of Section 92 of
the Code ... quite clear, that is, to give protection to public trust
created for purposes of charitable and religious nature from
being subjected to harassment by suits
Section 12AA of the Act is to benefit the charitable trust. Considering the object, the provision contained in Section 12A of the Act will have ... appellant keeping in view the object of Section 12AA of the Act. Admittedly, the assessee is a charitable trust. The genuineness of the trust
used to carry out
the object of the Trust, was not an application of income
for charitable purposes within the meaning of section