2010 (5) TMI 548 - AT - Income Tax

Registration under section 12A of the Income-tax Act - applicant trust was registered under section 25 of the Companies Act - trust is to promote commerce, art and science for serving the unserved people through facility management service - assessee trust filed its application for registration under section 12A of the IT Act - assessee trust works as agent for the banks and receives remuneration for the services rendered from the banks concerned - activity of the assessee trust, falls within the realm of advancement of objects of general public utility and is hit by the proviso to section 2(15) of the IT Act - assessee trust is carrying on the business in the nature of trade, commerce or business - for this reason denied the benefit of registration under section 12A of the Income-tax Act

Summary

Issues:
1. Appeal against rejection of registration under section 12A of the Income-tax Act.

Analysis:
The appellant, a trust registered under section 25 of the Companies Act, applied for registration under section 12A of the IT Act to promote commerce, art, and science for serving unserved people through facility management service. The DIT(E) rejected the application, stating that the trust works as an agent for banks and receives remuneration, falling under the proviso to section 2(15) of the IT Act, thus denying registration under section 12A.

The appellant contended that its activities cater to the poor and do not fall under "advancement of any other object of general public utility." The appellant argued that even if its activities are considered general public utility, the proviso does not apply since it is not engaged in trade, commerce, or business. The appellant relied on a Board's Circular to support its position.

The DIT(E) maintained that the appellant failed to prove that its activities cater to the poor and argued that the trust falls within the fourth limb of the charitable purpose definition in section 2(15) of the IT Act. After hearing both parties, the tribunal analyzed the relevant provision of section 2(15) and its proviso, emphasizing that the proviso applies only to entities advancing general public utility objects involving trade, commerce, or business activities.

Upon reviewing the appellant's activities as a business correspondent for banks, the tribunal found that the trust's remuneration from banks indicated engagement in trade, commerce, or business activities, falling under the proviso to section 2(15). The tribunal concluded that the DIT(E)'s decision was correct, as the trust's activities aligned with the advancement of general public utility objects, warranting dismissal of the appeal.

In conclusion, the tribunal dismissed the appeal, affirming the DIT(E)'s decision to reject the registration application under section 12A of the Income-tax Act due to the trust's engagement in business activities falling under the proviso to section 2(15) of the IT Act.