CIT v. Maharshi World Peace Trust (2020) 190 DTR 389/ 315 CTR 469 (MP) (HC)

S. 12AA : Procedure for registration –Trust or institution-Genuiness of Trust is established – No mandate to get registration under MP Public Trust Act , 1951 – Order of Tribunal is affirmed .[MP Public Trust Act 1951 ]

Dismissing the appeal of the revenue the Court held taht the registration was applied for by the respondent under Section 12AA(1)(b)(i) of the Act and the provisions under Section 12AA(1) of the Act also refers to the “trust or institution” and there is no mandate under Section 12AA of the Act that the application seeking exemption is required to be applied only by a registered Trust or Institution under the local laws i.e. M.P. Public Trust Act, 1951. The learned Tribunal considering the provisions of Section 12AA(1) of the Act has specifically held that for registering the Trust or Institution for the purposes of the said Act, the Principal Commissioner or Commissioner, is required to satisfy itself about the objects of the applicant-Trust or Institution and the genuineness of its activities. Under the said provision, there is no requirement for a Trust to be mandatorily registered as a Public Charitable Trust under the local Act. In the absence of any provision requiring registration as a Public Charitable Trust before applying for registration under Section 12AA(1) of the Act, the findings arrived at by the learned Tribunal cannot be faulted and said to be illegal or perverse in any manner.