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
your Trust Deed/Memorandum of
Association and file a certified copy of the amended Trust Deed/Memorandum
of Association.
Point No. 16: Your Trust Deed ... does not have any
clause providing that in the event of dissolution of Trust/Society/Non Profit
Company, the funds/assets of the Trust/Society
that the words "trust for charitable purposes" would include even
trust for advancement of religious. The words "trust for charitable purposes ... trust for advancement of religious in the following
decisions :-
( i) CIT vs. Jaipur Charitable Trust , 81 ITR 1;
( ii) Zenith Tin Works Charitable Trust
Trust Fund.
12.3 Upon termination, the proceeds from the dissolution of the Trust will
be distributed to the Sole Beneficiary after payment of all accrued ... Trust will
be in the nature of revocable transfer;
(c) The trust fund will be held by trustee, i.e., ETL in trust
name of trust will be Bharatpur Royal Family Religious and
Ceremonial Trust.
(3) This trust will be a private trust."
Thus, the amendment carried ... trust from a private trust to a public trust. As per Section
13(1)(a) of I.T. Act, 1961, private religious trusts
Page
trust obtained a loan of Rs.13.65 crores, paid interest thereon and donated
this sum to another trust. Admittedly, the other trust ... Moreover, it is settled position of law that at the time
dissolution of trust, the property of trust would go to another charitable trust
Trust Deed/MOA:
Point No.14: The Trust Deed/MOA does not have irrevocability clause
Point No.15: The Trust Deed/MOA does not have ... does not have any clause providing
that in the event of dissolution of Trust/Society/ Non Profit Company, the
funds/assets of the Trust/Society
trust deed registered with
the Charity Commissioner and (2) the objects of the trust are partly religious
in nature and the absence of Dissolution Clause ... Exemptions) had called upon the appellant to amend the trust deed to
incorporate the Dissolution Clause, an opportunity to comply with direction
was given
registered Deed of
Transfer dated 9th June 2005f following the dissolution of a private
trust set up by the siblings' paternal unclef
Secretary of the Trust and that the said body is
in control and management of the Trust. He
refers to Clause ... original constitution, he submits that there is
no dissolution which has occurred as regards the
Trust in question.
7.5. In pursuance of the enquiry
