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Case Law Details

Case Name : Daivadnya Samjonnati Parishad Vs ITO (ITAT Mumbai)
Appeal Number : I.T.A No. 2631/Mum/2019
Date of Judgement/Order : 03/01/2022
Related Assessment Year : 2012-13
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Daivadnya Samjonnati Parishad Vs ITO (ITAT Mumbai)

Held that even after amendment to the object clause, there is absolutely no change to the purpose and object of the trust. Cancellation of the registration granted u/s 12A unjustified.

Facts-

Assessee filed its ROI on 30/09/2012 alongwith the income and expenditure account, balance-sheet and audit report in form 10B declaring total income at Rs.89,406/-. The case was selected for scrutiny under CASS and statutory notices u/s. 143(2) and 142(1) of the Act were issued and served on the assessee. In response, the AR of the assessee attended and submitted the relevant information as called for.

AO observed from the trust deed that assessee has made amendment in its object clause by inserting two new objects for which no prior permission was sought from, nor any intimation was given to the Commissioner of Income-tax (Exemption). Further, AO observed that assessee was formed for benefit of a particular community and thus attracted section 13(1)(d) of the Act.

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