DIT (EXEMPTIONS) Vs. MEENAKSHI AMMA ENDOWMENT TRUST

JUDGEMENT

(1.) HEARD learned Counsel on admission of the appeal.

(2.) IN this case the admitted facts are that the Respondent Assessee trust established a trust by way of trust deed dated 23 -1 -2008. The Assessee sought for registration under Section 12A an 31 -10 -2008. The Assessee was called upon to furnish certain details and after seeking certain time ultimately on 9 -12 -2008 details were furnished. Further details also came to be given on 8 -1 -2009. On 16 -3 -2009 a show -cause notice was issued calling upon the Assessee to furnish audited accounts as also material indicating the actual activities conducted by the trust.

(3.) THE Tribunal taking into consideration the law laid down by the Division Bench of this Court in Sanjeevamma Hanumanthe Gowda Charitable Trust Vs. Director of Income Tax (Exemption), ILR (2006) KAR 4043 held that depending upon the facts and circumstances, the concerned authority has to look to the objects and also the activities of the trust in order to consider the application for registration under Section 12A of the Act and accordingly allowed the appeal by order dated 20 -11 -2009 and directed the Director of IT (Exemptions)to grant recognition to the trust if other conditions are satisfied.