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
Petitioner from the said Trust since its promulgation. The
Trust has in itself a property being Trust Property which
would fetch an amount of crores ... dissolution of the trust and distribution of the trust property. The
original petition sought no such relief of dissolution and
distribution. It sought only
Dissolution Clause"
in the Trust Deed, the net assets of the Trust on
its dissolution would be transferred to any
entity/distributed among ... until the
clause of dissolution of the Trust is incorporated in
the Trust Deed, the Trust cannot be registered.
5 The statute takes care
relation to disbursement
of balance funds in the eventuality of the dissolution of
Trust ?"
Brief facts of the case are that the establishment ... dissolution the benefit of registration cannot be
denied. This is also no clause that in the event of
dissolution the property of the trust would
Dissolution Clause" in the trust deed, the net assets of the trust on
its dissolution would be transferred to any entity / distributed among ... appeal by interalia holding that the
absence of dissolution clause in the trust deed would not bar
the registration of the Trust under Section 12AA
relation to disbursement
of balance funds in the eventuality of the dissolution of
Trust ?"
Brief facts of the case are that the establishment ... dissolution the benefit of registration cannot be
denied. This is also no clause that in the event of
dissolution the property of the trust would
until the clause of dissolution of
the Trust is incorporated in the Trust Deed, the Trust cannot be
registered.
5. The statute takes care ... remain on the
date of the dissolution transferred. The absence of the clause of
dissolution in the Trust Deed would be in no manner
shown capital gain on the shares received by him on
dissolution of trust, the period of holding of the previous owner i.e.,
Nirmaan Nidhi ... intentionally wrongly tried
to claim the receipt of shares on dissolution of the Trust as devolution and get
away with a period of holding which
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
association or institution with similar objects in the
event of dissolution of the trust. The Ld. further AR argued
that the findings ... trust. Similarly, the
6
ITA No. 2252/Hyd/2018
N Ramya Kirti Memorial Trust, Hyd.
assessee also has enclosed the supplementary trust deed in
page
