2010 (8) TMI 977 - HC - Income Tax

Summary

Issues Involved:
Grant of registration to respondent-assessee u/s 12AA of the Income Tax Act, 1961.

Issue 1: Grant of Registration under Section 12AA

The High Court considered the case of a Society known as the Professional Societies for Development Action (PRADAN) which decided to create a public charitable trust. The trust applied for exemption under Section 12AA of the Act, but the application was initially rejected by the Director of Income Tax. The Tribunal, however, overturned this decision and directed the appellant to grant registration to the Trust under Section 12AA. The Tribunal found that the Trust was engaged in charitable activities, including conducting research, supporting NGOs, promoting self-help groups, and vocational training programs for the poor. The Tribunal held that the Trust's objects were charitable in nature, and the Director of Income Tax had exceeded his authority by not granting registration. The High Court upheld the Tribunal's decision, emphasizing that the Trust's aim was to support charitable activities conducted by PRADAN and reach a wider spectrum of beneficiaries.

Issue 2: Interpretation of Section 11 of the Act

The appellant argued that since the Settlor had contributed only a nominal amount and the properties remained with the Settlor, the Trust should not be entitled to seek exemption from tax under Section 11. The High Court rejected this argument, stating that the issue of property ownership was not relevant to the question of whether the Trust was entitled to registration under Section 12AA. The Court clarified that the Assessing Officer would determine the Trust's entitlement to exemption under Section 11 for any assessment year based on the property ownership. The Court noted that the Trust was created by PRADAN to deploy properties for charitable activities and ensure the reach of charitable initiatives to deserving individuals, particularly the poor and women. The Trust Deed specified that funds and properties were irrevocable and not to be distributed among trustees or the Settlor, further supporting the charitable nature of the Trust's activities.

In conclusion, the High Court dismissed the appeal, finding no infirmity with the Tribunal's decision to grant registration to the respondent-Trust under Section 12AA of the Income Tax Act.