2012 (9) TMI 1058 - AT - Income Tax

Summary

Issues involved: Rejection of registration u/s 12AA and refusal of approval u/s 80G.

Rejection of registration u/s 12AA: The appellant, a trust, filed two appeals against the orders of DIT(E), Hyderabad, rejecting their application for registration u/s 12AA and refusal to grant approval u/s 80G. The DIT(E) contended that no valid trust was created, citing reasons such as non-transfer of corpus fund by the settler and the trust being an extension of another institute. The DIT(E) also raised concerns about the purchase of assets and non-production of books of account. The Tribunal emphasized that the primary examination for registration is to ensure charitable objects and absence of profit motive. They disagreed with the DIT(E)'s reasons for rejection, stating that belated payment, association with another institute, and invoice issues were not sufficient grounds. The matter was remitted back to the DIT(E) for reconsideration based on charitable nature and compliance with sec 2(15).

Refusal of approval u/s 80G: The appeal against the rejection of approval u/s 80G was remitted to the DIT(E) for fresh consideration following the decision on registration u/s 12AA. The Tribunal allowed both appeals for statistical purposes, highlighting the need for a thorough examination of charitable nature and compliance with relevant sections for trust registration and approval.