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Section 12AB & 80G Registration Cannot Be Denied for No Irrevocability Clause: ITAT Mumbai
Case Law Details
- Case Name
- Amita Memorial Trust Vs CIT (Exemption) (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- NA
- Courts
- All ITAT, ITAT Mumbai
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Amita Memorial Trust Vs CIT (Exemption) (ITAT Mumbai)
The CIT (Exemption) rejected the trust’s application for 12AB registration and 80G approval on two grounds:
Absence of explicit irrevocability and dissolution clause in the Trust Deed
Alleged false declaration in Form 10AB (answering “Yes” to irrevocability)
The ITAT decisively ruled in favour of the assessee by relying on the Bombay High Court judgment in Chamber of Tax Consultants case, holding:
A public charitable trust is deemed irrevocable by law, unless expressly revocable
No requirement under Section 12AB to...
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