case the trust registered with the Sub-registrar as a
charitable trust and the trust being an irrevocable trust, the obvious
position shall be that ... Sukh Lal Rathi Charitable Trust Vs. CIT(E)
the trust is a irrevocable trust or not, and whether the assessee trust is
registered with
trust has
no dissolution clause. The dissolution clause ensures that in the
event of dissolution of the trust, the balance funds are not mis-
utilized ... that in case
the trust registered with the Sub-registrar as a charitable trust and the
trust being an irrevocable trust, the obvious position shall
which lays down as
follows:
"105. Ultimate dissolution of Trust, and transfer of its assets and liabilities to the
Municipal Board. -
(1) When ... trust, if there is such condition that the fund/properties of any trust
would vest in the State Government upon dissolution, it cannot be considered
assessee is a registered charitable trust under the Rajasthan
Public Trust Act, 1959 (refer clause (iv) PB 4). The trust is established ... precisely on the following three
grounds:
a. Discrepancy in dissolution clause-trust is revocable
b. Object for the benefit of the particular community
Religious Trust ("Trust") which came into existence on 29.04.1964. The Trust
is registered under Rajasthan Public Trust Act, 1959 vide certificate of registration ... Trust is registered under
Rajasthan Public Trust Act, 1959 which in itself ensures that it is not a private religious trust.
2. Absence of dissolution
assessee is a registered charitable trust under the Rajasthan
Public Trust Act, 1959 (refer clause (iv) PB 4). The trust is established ... precisely on the following three
grounds:
a. Discrepancy in dissolution clause-trust is revocable
b. Object for the benefit of the particular community
grounds:
Absence of Dissolution Clause:
4.1 The Id. CIT(E) issued show cause notice for not having dissolution clause in Trust Deed of
the assessee ... clause therein.
4.6 Vide para 16 of Trust Deed dated 01.0.20121, the assessee Trust has provided for dissolution
of the Trust
Clause (iii). Coming back to Section 105 ,
which provides for ultimate dissolution of Trust and transfer of its assets and
liabilities to the Municipal Board ... manner improve the
case of the assessee. When the Trust is dissolved or at dissolution, properties and
funds and dues vested in or realisable
Trustees and officers and servants of the Trust. - Every Trustee, officer or
servant of the Trust shall be liable for the misapplication of any money ... paid by him or on his behalf.
105. Ultimate dissolution of Trust and transfer of its assets an liabilities to the Municipal
Board-(1) When
Trustees and officers and servants of the Trust. - Every Trustee, officer or
servant of the Trust shall be liable for the misapplication of any money ... paid by him or on his behalf.
105. Ultimate dissolution of Trust and transfer of its assets an liabilities to the Municipal
Board-(1) When
