Shri. Dhar Sabha Vaishno Devi v. CIT(E) (TM ) Amristar) (Trib),www.itatonline.org

S. 12A : Registration –Trust or institution- Object clause-Registration cannot be refused on the ground that the Trust Deed does not contain “dissolution clause” and not registering with the Registrar of Societies . [ S.2(15) ,11, 12AA ]

On reference to third member ,the third member held that ,  the only requirement for granting registration is that the objects of the society should be charitable in nature and activities are genuine (i) A trust may be of a public charitable nature even if the control of the trust property is not vested in the public but is retained by the settlors, (ii) Registration u/s 12A cannot be declined on the ground that the Trust Deed does not contain “dissolution clause”. This is totally irrelevant & beyond the scope of enquiry contemplated u/s 12A. of the Act, (iii) Registration cannot be refused for non furnishing of registration with the Registrar of Societies. Registration with the Registrar of Societies is not a precondition for granting registration u/s 12A. (ITA No.53/ASR/2017, dt. 08.01.2020)