Tribunal following the decision of Moolchand Kairati Ram Trust (ITA No. 141 of 2013)(Delhi) (HC) held that establishment of a diagnostic center was in the line or coherent of its existing objects. ITAT further observed that CIT had only mentioned that establishing diagnostic center was a commercial venture but had not established that why it should not be construed as medical relief to the public (medical refile to poor is one of the original objects of the trust). ITAT further held that non communication of amended trust deed to the department in Form 10A was a mere irregularity and on basis of which registration under section 12A cannot be cancelled.
Paramount Charity Trust v. CIT (2018) 63 ITR 577 (Ahd.)(Trib.)
S. 12AA: Procedure for registration – Trust or institution – Establishment of diagnostic centre is in line or coherent with objective of medical relief – Non-communication of amended trust deed is a mere irregularity