2005 (8) TMI 585 - AT - Income Tax

Charitable or religious trust - registration u/s 12AA - Activity of letting out the choultry is charitable activity or commercial activity - HELD THAT - We have carefully considered the relevant facts and the agreements advanced. Though various objects are stated in the trust deed yet the assessee has not done anything in furtherance of such objects. All the activities so far have been only towards construction of a choultry. As per the finding of learned DIT (Exemptions) the choultry is let out on hire on commercial basis. The hiring of choultry is not for attainment of other objects but seems to be the main object so far pursued by the appellant. The mere spending of Rs. 2, 000 on yoga classes and Rs. 5, 000 on feeding poor people out of the total receipt of over Rs. 62 lakhs do not establish that the assessee is pursuing wholly charitable activities. We accordingly do not find any merit in this appeal. In the result the appeal is dismissed.

Summary

Issues:
Refusal of registration under section 12A of the Income-tax Act based on commercial activities conducted by the trust.

Detailed Analysis:

Issue 1: Refusal of Registration under Section 12A
The appellant trust applied for registration under section 12A of the Act, but the learned Director of Income-tax (Exemptions) refused registration on the grounds that the trust was conducting commercial activities by letting out a marriage hall on hire, which did not align with wholly charitable objectives as required. The Director's conclusion was based on an inquiry revealing that the trust was primarily letting out the hall for commercial purposes, with only limited charitable activities being conducted. The trust's representatives argued that the objects of the trust were charitable in nature, citing previous decisions to support their claim that registration should not be refused solely based on the commercial aspect. However, the Director maintained that the trust's activities were not genuinely charitable, leading to the refusal of registration under section 12A.

Issue 2: Examination of Trust's Activities
Upon careful consideration, the Appellate Tribunal found that despite the various charitable objects stated in the trust deed, the trust had not actively pursued activities in furtherance of those objects. The tribunal noted that the trust had mainly focused on constructing a marriage hall, which was being let out on a commercial basis. The tribunal emphasized that the trust's primary activity seemed to be the commercial hiring of the hall rather than the pursuit of charitable objectives. The tribunal highlighted that the minimal amounts spent on activities like yoga classes and feeding the poor did not outweigh the commercial nature of the trust's operations. In contrast to the decisions cited by the trust's counsel, where the trusts were genuinely established for charitable purposes, the tribunal found no merit in the appeal due to the lack of substantial charitable activities by the appellant trust.

Conclusion:
Ultimately, the Appellate Tribunal dismissed the appeal, upholding the refusal of registration under section 12A of the Income-tax Act based on the trust's predominant engagement in commercial activities through the hiring of the marriage hall. The tribunal concluded that the trust had not sufficiently demonstrated a commitment to wholly charitable activities as required for registration under section 12A, thereby affirming the decision of the Director of Income-tax (Exemptions).