2010 (2) TMI 983 - AT - Income Tax

Exemption u/s 11 - Recognition u/s 80G denied - Denial of application as assessee-trust has not carried out any charitable activity in tune with its proclaimed objects and the only activity carried on by the trust was to construct a building and let it out on rent and in such circumstances, it is to be held that the assessee has violated the provisions of law contained in section 80G(5)(ii). HELD THAT - Assessee-trust was not successful before the Director of Income-tax (Exemptions), to convince him that the assessee had in fact carried out charitable activities during the relevant period. In fact, the crucial test of granting exemption u/s 11 as well as recognition u/s 80G is that the assessee should have been carrying on charitable and/or religious activities. As far as the assessee is concerned, even though it is established for the purpose of indulging in medical and educational charitable activities, no such activities were carried out during the relevant period. No medical activities have been carried out. The assessee has borrowed funds and constructed a building. The building was let out to another educational institution to carry on the educational activities of the latter. The relationship is that of a landlord and tenant. The rental income was earned by the assessee not as a part of its charitable activity but in its status as a landlord. The assessee having let out the building to another educational institution does not mean that the assessee is a partner in the educational activities carried on by the tenant. The assessee is still in the status of a landlord. Therefore, in our considered opinion, Director of Income-tax (Exemptions) has rightly rejected the application of the assessee filed for seeking renewal of recognition available u/s 80G. Assessee is not entitled even to the benefit of section 11. We do not have materials or records before us to know whether the assessee was granted the benefits of section 11 by the assessing authority. Anyhow, we do not want to come to a premature conclusion on these aspects, but we will only direct the assessing authority to consider our finding that it is doubtful whether the assessee is entitled even to the benefits under section 11. In the result, this appeal filed by the assessee is dismissed.

Issues:
1. Eligibility for renewal under section 80G(5)(ii)
2. Recording of satisfaction in terms of rule 11AA(5)
3. Charitable activities carried out by the trust
4. Rejection of renewal application by the competent authority
5. Entitlement to benefits under section 11

Eligibility for renewal under section 80G(5)(ii):
The appeal involved the question of whether the assessee was eligible for renewal under section 80G(5)(ii). The Director of Income-tax (Exemptions) found that the assessee-trust had not carried out any charitable activity in line with its stated objectives, primarily engaging in letting out a building for rent. The Tribunal noted that the critical requirement for exemption under section 11 and recognition under section 80G is the actual conduct of charitable activities. Despite being registered under section 12A, the assessee failed to demonstrate charitable activities during the relevant period, leading to the rejection of the renewal application.

Recording of satisfaction in terms of rule 11AA(5):
One of the grounds raised in the appeal was the alleged failure of the Director of Income-tax (Exemptions) to record satisfaction in terms of rule 11AA(5) regarding the non-fulfillment of requirements under section 80G(5)(ii). The Tribunal did not find merit in this argument, emphasizing the lack of charitable activities carried out by the assessee as the primary reason for the rejection of the renewal application. The focus was on the actual conduct of charitable activities rather than procedural or regulatory compliance.

Charitable activities carried out by the trust:
The crux of the matter revolved around the nature of activities undertaken by the assessee-trust. Despite being established for medical and educational charitable activities, the trust had not engaged in such activities during the relevant period. Instead, it had constructed a building and leased it to an educational institution. The Tribunal highlighted that letting out a building for rent did not qualify as a charitable activity, emphasizing that the assessee remained in the role of a landlord rather than a participant in educational endeavors. This lack of substantial charitable activities led to the rejection of the renewal application.

Rejection of renewal application by the competent authority:
The competent authority rejected the renewal application of the assessee based on the absence of charitable activities and the predominant focus on letting out a building for rent. The Tribunal upheld this decision, stating that the Director of Income-tax (Exemptions) was justified in denying the renewal of recognition under section 80G due to the failure of the assessee to demonstrate actual charitable activities during the relevant period.

Entitlement to benefits under section 11:
The Tribunal also addressed the potential entitlement of the assessee to benefits under section 11, noting that there was uncertainty regarding the eligibility of the assessee for such benefits. While refraining from reaching a definitive conclusion on this matter, the Tribunal directed the assessing authority to consider its findings when evaluating the application of section 11 and related provisions to the assessee-trust. Ultimately, the appeal filed by the assessee was dismissed, emphasizing the lack of substantial charitable activities and the focus on letting out a building for rent as opposed to engaging in core charitable endeavors.

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