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19,578 cases — bench: Mumbai
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The Tribunal held that the absence of an explicit irrevocability or dissolution clause in the trust deed is not a valid ground for rejecting registration under Section 12AB. The Tribunal also noted that the CIT(E)'s action was contrary to the plain language of the statute and binding judicial precedents, particularly a recent Bombay High Court judgment.
The Tribunal held that the absence of an explicit irrevocability/dissolution clause in the Trust Deed is not a ground for rejecting registration under section 12AB. Furthermore, marking 'Yes' to the irrevocability question in Form 10AB, due to system constraints, does not constitute furnishing false information. The Tribunal relied on the Bombay High Court's decision in 'The Chamber of Tax Consultants and Others vs. CIT(E)'.
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The Tribunal held that the CIT(A)'s reasoning was misplaced as the amended Rule 8D(2) has specific components for disallowance and does not solely depend on the source of funds. However, following the precedent, the disallowance should be computed considering only investments yielding exempt income.