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In appeal, the Tribunal in the impugned order noted the fact that at the time of registration of the Trust, the question of application of income of the Trust is premature. These are issues which are appropriately dealt with during the assessment proceedings while considering the application of Section 11 of the Act. Thus, allowed the appeal.

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Section 12A read with section 11 of the Income Tax Act, 1961 — Trust — Question of application of income of trust is premature at stage of registration where undisputedly 71 percent of receipt of Trust were spent in accordance with its object, merely a partial expenditure which was for religious purposes was not to make trust non genuine—Commissioner of income tax vs. Manekji Mota Charitable Trust [2019] 267 Taxman 16 (Bombay)

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