Amendments totrust deed

Vijaya Bhaskar (Querist) 10 September 2016 This query is : Resolved
Dear learned experts,

We are a charitable trust registered under Bombay Public Trust Act.

We would like to add the aims and objectives and amend few clauses to the revised trust deed.

We have approached a lawyer and the lawyer said since the Bombay public trust act is abolished, we need to seek direction under section 92 of civil procedure.

As per our trust deed there is a clause which states that we need to take prior approval from commissioner of income tax for any amendments.

We have approached the income tax commissioner intimating that we would like to have amendments to the revised trust deed.

Should we take first the approval from commissioner of income tax or seek directions under section 92 of civil procedure or vice versa.

Please guide us with your valuable suggestions.

Thanking you in anticipation.

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Raj Kumar Makkad (Expert) 10 September 2016
You need to seek prior approval from commission of Income tax as per clause already inserted in trust-deed.

Vijaya Bhaskar (Querist) 10 September 2016
Thank you very much Sir for your kind guidance.

Devajyoti Barman (Expert) 11 September 2016
Yes, in Mumbai taking permission of Charity Commissioner is mandatory provided it is a public trust and not a private trust.

Vijaya Bhaskar (Querist) 11 September 2016
Since the Bombay public trust act is repealed after obtaining the permission from the commissioner of income tax should We seek direction from District court under section 92.

Where to register the document after approval from commissioner of income tax.

Vijaya Bhaskar (Querist) 11 September 2016
Since the Bombay public trust act is repealed now we are regulated by charitable and religious act 1920. For any amendments etc we are required to seek directions under section 92 of civil procedure code act.

After obtaining approval from commissioner of income tax should we also seek direction under section 92.

Please guide us where to register the document after approval from commissioner of income tax.

Raj Kumar Makkad (Expert) 13 September 2016
You are required to get the registration of amended version with the registrar/joint registrar of your area.