seen that trust was under administrative control of Government of Punjab but
has never lost its existence as trust. In-fact, these trust have, been ... from the trust fund itself and even the trust was allowed
to incur expenditure on various contingencies; that thus, though the
trust was under
trust the assets remaining after the satisfying
all debts and liabilities of the trust as on the date of dissolution
shall under no circumstances ... decide the manner in which
trust properties be transferred to another charitable trust
in the case of dissolution of trust will create doubt
charitable objectives of the trust as laid down in the trust deed. The genuineness of the trust is questionable in view of the above facts ... basic objects of the trust.
5. Further, as regards the fact that as per the trust deed, on dissolution, it has been left
trust shall be applied
solely towards the promotion of the objectives of the
trust as set forth in this Trust Deed and no proportion
thereof ... office bearers of the
Trust shall draw any salary for their services rendered
to the Trust.
c) The Trust is required to apply its surplus
with respect to Irrevocability
of Trust, beneficiary to the trust shall be general public and not any specific
individual, Dissolution of trust and the treatment ... general object and purpose of the Trust for utilizing the Trust Funds and the income
of the Trust Funds for the charitable purpose of BETTERMENT
attracted without this
dissolution clause. There is no satisfactory response on
the issue of lack of dissolution clause in the Trust Deed.
9. In view ... Trust" itself it appears to be a family trust
pursuing religious activities of a private nature.
(iv) Trust deed does not include the dissolution
Amritsar took the view
that held where the trust deed provided that the trust fund on dissolution would vest in
the State Government then such ... property of the trust is diverted in favour of any
person who has substantial interest in the trust, then the trust would not be eligible
trust, as per the trust deed, as to whether
they are charitable in character. From the objects clause, we find that the trust had been ... clause in the trust deed as to
what will happen to the assets of the trust on determination of trust or dissolution of the trust
observations made and conclusions
H.K. Kalchuri Education Trust and others 16
ITA Nos.455 to 458 of 2016
drawn by him were made only ... nowhere provided in the by-laws
that at the time of dissolution of
Trust/society the funds will vest in
the family of the trustees
Ito, Rishikesh vs M/S. Swami Omkarananda Saraswati ... on 4 August, 2017
ITO V Swami
