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D.K.SRIVASTAVA
Mohanlal Kanjibhai Pansara Education & Charitable Trust – Appellant
Versus
Commissioner of Income-tax, Jamnagar – Respondent


Advocates Appeared:
Harishkumar Shah,K.C. Mathews

ORDER

1. The appeal filed by the assessee-trust is directed against the order passed by the Ld. Commissioner of Income-tax, Jamnagar on 26.02.2013 u/s 12AA of the Income-tax Act, on the following ground:-

"1. The Learned Commissioner of Income-tax - Jamnagar erred in Law and on fact on rejecting Application for Registration u/s 12(A)(a) of the Income-tax Act, 1961 on the ground that the Trust Deed does not contains the provision in the event of its Dissolution to the effect that upon the Dissolution, if any property remains after satisfaction of its Debts and Liabilities, the same shall be transferred to Trust having similar objects.

2. The Learned Commissioner ought to have consider the submission dated 18th Feb. 2013."

2. The assessee-trust has filed English version of trust deed originally written in Gujarati. Perusal of the aforesaid trust deed shows that it was executed by five persons on 03.02.2012. The assessee-trust subsequently applied for registration under the Bombay Public Trust Act 1950 which was granted by the Assistant Charity Commissioner, Jamnagar on 22.03.2012. The assessee-trust also applied for registration u/s 12AA of the Income-tax Act before the Commissioner of I

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