Assessee-trust was established in 1953 It applied for registration under section 12A/12AB. Commissioner (E) rejected the application on ground that object of assessee were restricted to a particular community and, thus, assessee-trust is established for benefit of a particular community and not for general public, and accordingly, provisions of section 13(1)(b) were applicable. On appeal the Tribunal held that since the assessee-trust was established much prior to commencement of Income-tax Act, 1961, embargo of section 13(1)(b) would not apply and, therefore, matter is remanded back to Commissioner (E) to reconsider application of assessee on merit.
Bai Navazbai Faramroze D Mehta Charity Blocks v. CIT (2024) 209 ITD 213 (Surat) (Trib.)
S. 12A : Registration-Trust or institution-Denial of exemption-Trust or institution-Investment restrictions-Trust was established much prior to commencement of Income-tax Act, 1961-EEmbargo of section 13(1)(b) is not applicable-Denial of registration is not valid. [S. 12AB, 13(1)(b)]