2013 (12) TMI 1595 - HC - Income Tax

Registration granted u/s 12AA (1) (b) cancelled - Held that - The observation of the CIT is only a general observation and is not substantiated by any facts. It is pertinent to note that CIT has not pointed out that any part of the income spent other than the objects of the trust. In the absence of any such factual findings recorded by CIT, it cannot be said that the tribunal committed an error in setting aside the order of CIT and directing the CIT to renew the registration under Section 80G and also grant registration under Section 12AA of the I.T Act. - Decided in favour of assessee.

Summary

Issues:
1. Appeal against order passed by Income Tax Appellate Tribunal regarding renewal of registration under Section 80G and Section 12A/AA of the Income Tax Act, 1961.
2. Validity of cancellation of registration under Section 12A/12AA by CIT.
3. Interpretation of Clause 5.10 of the trust deed and its impact on the registration under Section 12A/AA.
4. Clubbing of multiple income tax appeals by ITAT and passing a common order.

Analysis:
1. The appeal was filed against the order of the Income Tax Appellate Tribunal (ITAT) which allowed the respondent's appeal and directed the CIT to renew the registration under Section 80G and grant registration under Section 12A/AA of the Income Tax Act, 1961. The respondent's registration was initially granted on 28.07.2006, but the CIT cancelled it on 19.05.2010. The ITAT set aside the CIT's order based on the interpretation of the trust deed and directed the renewal of registration.

2. The CIT cancelled the registration under Section 12A/12AA based on the interpretation of Clause 5.10 of the trust deed, which granted discretion to the Board of Trustees to undertake works not necessarily in accordance with the trust's objectives. The CIT held that the clause was not genuine and cancelled the registration. However, the ITAT overturned this decision, stating that the material filed by the respondent was correct and directed the renewal of registration.

3. The interpretation of Clause 5.10 of the trust deed was crucial in this case. The CIT believed that the clause allowed works that may not align with the trust's objectives, leading to the cancellation of registration. However, the ITAT found no evidence of income being spent outside the trust's objects and deemed the CIT's observation as general without factual substantiation. The ITAT's decision to set aside the CIT's order was based on the lack of concrete findings regarding misuse of income.

4. The Revenue raised substantial questions of law regarding the ITAT's decision to club multiple income tax appeals and pass a common order. The Revenue argued that each appeal should have been considered individually due to the varying factual aspects and issues raised by different assessees. However, the High Court upheld the ITAT's decision, stating that the clubbing of appeals was not a ground for interference. The High Court found no substantial questions of law in the appeal and dismissed it in favor of the assessee, allowing the CIT to proceed in the future if any new materials are found.