Trust and the AO cannot on his own come to the conclusion
that the instrument of trust is invalid. As per the assessee, a trust ... regard.
(iii) It is also not necessary to get the trust declared as void by the courts,
for the purpose of income determination under
into by the trust and the purchaser is illegal and void.
iii) The applicant trust has sold the property without the prior approval ... trust property i.e. while the
property-, retains the character as the trust property and not after the
public trust is divested of that property
public utility at all. In fact, if the trust is not for charity, it would be void being in breach of the principle of perpetuity ... according to the learned counsel, void for the purposes of charity.
19. The assessee is not a trust for education nor is it an educational
company, in criminal or quasi criminal cases, trust matters and to ascertain whether an agreement is void for being against the public policy
Deed of Trust dt. 8th August, 1980, was referred to. This reads as under :
"14. Irrevocable trust : This Trust shall be and remain irrevocable ... deed shall fall by reason of it being void and also if any interest in the trust fund or income thereof regarded
Trust and the AO cannot on his own come to the conclusion
that the instrument of trust is invalid. As per the assessee, a trust ... regard.
(iii) It is also not necessary to get the trust declared as void by the courts, for the
purpose of income determination under
barred by limitation and
therefore illegal and void ab-initio and the donation made to
Navjeevan Charitable Trust is an allowable deduction under
section 35AC ... donation and therefore any subsequent withdrawal
of the recognition of the trust would not impact the claim of the
assessee under section 35AC
stated that Trust was
granted registration u/s 12A(a) on 14.01.1976 on the basis of objects contained in the Trust-Deed,
that an application ... order was void ab-initio. He
referred to decisions of Bhagwad Swarup Shri Shri Devraha Baba Memorial Shri Hari Parmarth
Dham Trust
void
abinitio.
Page No. | 5
ITA NO.3161/MUM/2022 (A.Y: 2013-14)
Narailwadi Mosque & Kabristan Trust
10. Considering the facts on record ... Narailwadi Mosque & Kabristan Trust
Assessing Officer is bad in law and void ab-initio. Accordingly, ground
raised by the assessee is dismissed.
11. With
Madhavji Khakkar & Seth Tapulal Chakubhai Bhammar Trust. Before the acquisition of this business activity by the trust, it belonged to a partnership firm consisting ... whole going concern had been validly assigned to the trust. The asses see-trust was also put in possession of the above premises with effect
