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The assessee trust submitted an application dated 27.06.2012 before the respondent-Commissioner of Income Tax- I, Kochi for registration under Section 12AA of the Income Tax Act, which ended in dismissal by Annexure C order dated 28.12.2012, on the ground that, in view of the restriction imposed in Clause H of Annexure A trust deed, any amendment of the object clause is not possible. For that reason, the respondent was not satisfied with the genuineness of the objectives and activities of the assessee trust.

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Section 2(15) & 12AA of the Income Tax Act, 1961 — Trust — Registration of trust — Payment of pension to the retired employees of the authority in discharge of the statutory obligation was not a charity or bounty nor was it a conditional payment solely dependent on will of the Authority, therefore, the question whether the contribution towards the pension fund was made by the employees or by the employer had no relevance while considering an application for registration under section 12AA subject to the conditions in section 12A read with section 2(15)— GCDA Employees Pension Fund Trust vs. Commissioner of income tax [2019] 419 ITR 343 (Kerala)

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