2014 (9) TMI 1021 - AT - Income Tax

Registration granted under Section 12A withdrawn - Held that - Nowhere it is objected by the Ld. Commissioner that the objects of the trust are not charitable or religious. Moreover the Ld. Commissioner has made certain observation on the faith of the people/society that the assessee is trying to make the personal use of the trust property/funds and enjoying exorbitant salary by taking undue advantage of faith in gurus and sentiment of people which cannot be allowed. In our opinion the authority should be more careful while adjudicating the rights of any person and should avoid unwarranted observations which may be his or her personal views or opinion. After considering the entirety of the fact we are of the opinion that the Ld. Commissioner has not made out a case as per powers vested in her by the Act to cancel the registration of the assessee as contemplated u/s. 12AA(3) of the Income-tax Act and hence the order passed by the Ld. Commissioner u/s. 12AA(3) cannot be supported. We accordingly cancel the order passed by the Ld. Commissioner u/s. 12AA(3) dated 21-03-2012 and allow the appeal filed by the assessee. - Decided in favour of assessee

Summary

Issues Involved:
1. Withdrawal of registration granted under Section 12A of the Income Tax Act.
2. Conditions specified in Section 12AA(3) for withdrawal of registration.
3. Principles of natural justice.
4. Verification of trust deeds and activities.
5. Nature of the trust's activities (religious vs. charitable).
6. Treatment of voluntary contributions.
7. Application of total income for charitable purposes.
8. Exemption under Section 11 for partly charitable or religious organizations.
9. Powers of the Assessing Officer.

Detailed Analysis:

1. Withdrawal of Registration under Section 12A:
The appeal challenges the order of the Commissioner of Income Tax (CIT) cancelling the registration of the assessee trust under Section 12A. The CIT invoked powers under Section 12AA(3) of the Income Tax Act, stating that the trust's activities were predominantly religious and not in line with its stated charitable objectives.

2. Conditions Specified in Section 12AA(3):
The CIT's decision was based on the belief that the trust's activities were not genuine and were not being carried out in accordance with its objects. The CIT observed that the trust was involved in religious activities, mis-stated its income, and incurred non-charitable expenditures.

3. Principles of Natural Justice:
The assessee argued that the CIT's order was passed without adhering to the principles of natural justice, as the trust was not given adequate time to respond to the notice issued. The CIT issued a notice returnable on 19-03-2012 and passed the order on 21-03-2012.

4. Verification of Trust Deeds and Activities:
The assessee contended that the trust deeds and activities had been verified by various commissioners over the years, and the trust had been granted registration and recognition under Section 80G based on these verifications. The CIT, however, noted that the trust's amendments restricted public access to its properties and funds.

5. Nature of the Trust's Activities:
The CIT held that the trust's activities were religious in nature, including the construction of temples and conducting religious rituals. The assessee argued that these activities were for the advancement of general public utility and were in line with the trust's objectives. The CIT's interpretation of "spiritual" and "moral" activities as religious was contested by the assessee, citing legal precedents that charitable activities can have overlapping elements with religious purposes.

6. Treatment of Voluntary Contributions:
The CIT treated voluntary contributions with specific directions as income of the trust, rather than corpus donations. The assessee argued that these donations were received with specific directions and should not be included in the trust's income.

7. Application of Total Income for Charitable Purposes:
The CIT concluded that the trust did not apply 85% of its total income for charitable purposes. The assessee disputed this, stating that the CIT's observations were general and not supported by proper reasoning.

8. Exemption under Section 11 for Partly Charitable or Religious Organizations:
The CIT held that the exemption under Section 11 was not available to organizations that were partly charitable and partly religious. The assessee argued that the law does not deny exemption merely because a trust has mixed objects, citing legal precedents supporting this view.

9. Powers of the Assessing Officer:
The assessee contended that the CIT exceeded her powers by making observations on the application of funds and the nature of donations, which fall within the domain of the Assessing Officer. Legal precedents were cited to support the argument that the CIT's role is limited to verifying the genuineness of activities and objects of the trust.

Conclusion:
The appellate tribunal concluded that the CIT exceeded her jurisdiction under Section 12AA(3) and did not provide sufficient grounds for cancelling the registration. The tribunal emphasized that charitable and religious purposes can overlap and that the CIT should focus on the genuineness of activities rather than the nature of the objects. The tribunal allowed the appeal, cancelling the CIT's order and restoring the trust's registration under Section 12A.