Case Law Details
Case Name : St. Francis. English School Vs CIT (ITAT Mumbai)
Related Assessment Year : NA
Courts :
All ITAT ITAT Mumbai
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St. Francis. English School Vs CIT (ITAT Mumbai)
Section 12AB Registration Cannot Be Denied for Missing Irrevocability Clause Alone: ITAT Follows Bombay HC
The CIT(E) rejected registration u/s 12AB on the ground that the trust deed lacked an irrevocability/dissolution clause, treating it as a “specified violation.”
The ITAT relied on the Bombay High Court ruling in Chamber of Tax Consultants, which held that:
Absence of an explicit irrevocability clause cannot be the sole ground for rejection,
Answering “Yes” in Form 10AB despite absence of such clause does not amount to furnishing fa...
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