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Whether, on the facts and circumstances of the case, and in law, the Tribunal is correct in holding that a public charitable trust does not require to comply with local law of MP requiring registration under MP Public Trust Act, 1951 ?

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Sec. 12AA & 260A of Income-tax Act, 1961— Charitable Purpose – Revenue filed Tax Appeal against the order of Tribunal in holding that a public charitable trust does not require to comply with local law of MP requiring registration under MP Public Trust Act, 1951. In the case of the assessee, the registration was applied for under s. 12AA(1)(b)(i) of the Act and the provisions under s. 12AA(1) of the Act also refers to the "trust or institution" and there is no mandate under s. 12AA of the Act that the application seeking exemption is required to be applied only by a registered trust or institution under the local laws i.e., M.P. Public Trust Act, 1951. Tax appeal of the revenue dismissed holding that ”in the absence of any provision requiring registration as a Public Charitable Trust before applying for registration under s. 12AA(1) of the Act, the findings arrived at by the learned Tribunal cannot be faulted and said to be illegal or perverse in any manner“. - CIT V/s MAHARASHI WORLD PEACE TRUST - [2020] 315 CTR 469 (MP)

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