2011 (12) TMI 579 - AT - Income Tax

Canceling the registration u/s 12AA - Non charitable activities - Held that - There is no dispute to the fact that the assessee has been declaring its income from the assessment year 2001-02 to 2005-06 as business income as is evident from page 3 of DIT(Exemption) order. Thereafter, the assessee applied for the registration u/s 12AA which was granted to it only w.e.f. 01.04.2005 and the registration sought form 1997 was refused by not condoning the delay. As a matter of fact, we find no material on record where the funds have been utilized for profit motive or for non charitable purpose and there is no basis found in this regard in the order of DIT (Exemption). The assessee has also invited our attention to the P & L account up to the year ended 31.03.2008 in which the assessee has used 85% of the funds collected. There is nothing on record that the assessee has violated any conditions laid down u/s 12AA(3) of the Act. - Decided in favour of assessee.

Summary

Issues:
Cancellation of registration u/s 12AA of the Act by DIT(Exemption) Ahmedabad.
Appreciation of the appellant's charitable activities for general public welfare.

Analysis:
1. The appeal arose from the cancellation of registration u/s 12AA of the Act by DIT(Exemption) Ahmedabad. The society in question provided security services on a commercial basis, accumulating significant profits over the years. A show cause notice for cancellation was issued, and during the hearing, the society claimed its activities were for the advancement of general public utility. However, it was noted that the society operated as a commercial entity, charging for all services without any element of charity. The registration granted did not confer rights regarding tax exemptions, and the society had not operated as a charitable organization until 2005-06.

2. The assessee argued that the society's activities were genuine and fell under the advancement of general public utility. However, the tribunal found that the society's services were commercially charged, leading to the accumulation of reserves without significant charity work. The insertion of an explanation to section 2(15) further restricted the society's activities from being considered charitable. The tribunal highlighted the lack of charity in the society's operations and cited a relevant ITAT decision to support the cancellation of registration u/s 12AA.

3. The counsel for the assessee emphasized compliance with rules and regulations, noting that the society had declared income as business income before applying for registration u/s 12AA. The counsel argued that there was no evidence of funds being used for profit motives or non-charitable purposes. Referring to specific ITAT decisions, the counsel contended that the registration should not be cancelled as there was no violation of Section 12AA(3) of the Act. Consequently, the tribunal overturned the DIT(Exemption)'s order and directed the restoration of the registration granted u/s 12AA.

4. In conclusion, the tribunal allowed the appeal, setting aside the cancellation of registration u/s 12AA. The decision was pronounced in open court on 30.12.2011.