COMMISSIONER OF INCOME TAX Vs. TAPAGACHHA SANGH MOTA

JUDGEMENT

(1.) AS common question of law and facts arise in this group of appeals, all these appeals are decided and disposed of by this common judgment and order. At the outset, it is required to be noted that in this group of appeals, following common substantial question of law arise: - -

(2.) FEELING aggrieved and dissatisfied with the impugned judgment and order passed by the learned Tribunal Income Tax Appellate Tribunal, "SMC" Bench, Rajkot dated 29.5.2014 passed in ITA No. 440/RJT/2013 for registration under Section 12AA of the Income Tax Act (hereinafter referred to as the "Act"), by which, the learned Tribunal has allowed the said appeal preferred by the respondent - assessee trust and has directed the Commissioner of Income -tax, Jamnagar to grant registration under Section 12AA of the Act to the assessee trust, the Revenue has preferred present Tax Appeal raising the aforesaid substantial question of law.

(3.) SHRI Pranav Desai, learned advocate for the Revenue has vehemently submitted that in absence of any "dissolution clause" in the trust deed and and in absence of any provision in the trust deed with respect to property of the trust in the event of its "dissolution", when Commission of Income -tax, Jamnagar doubted the genuineness of the trust and/or its bona fide and consequently when the Commissioner, Jamnagar refused to grant registration under Section 12AA of the Act to the respective assessee trust, the learned Tribunal has materially erred in interfering with the order passed by the Commissioner, Jamnagar and has materially erred in allowing the respective appeals and directing the Commissioner, Jamnagar to grant registration under Section 12AA of the Act to the respective assessee trust.