2010 (9) TMI 737 - AT - Income Tax

Registration u/s 12AA - Withdrawal of registration granted earlier - the Society is sponsored by the State Government for the purposes of promoting, developing and popularizing non-conventional and renewable sources of energy - The first premise drawn by the Commissioner is that the activities carried out by the assessee are not in accordance with its objects - The other objection taken by the Commissioner to cancel the registration is that the objects of the society do not qualify to be for charitable purpose as per section 2(15) of the Act - Osuch an objection cannot be a basis to cancel registration in terms of section 12AA(3) of the Act. - Decided in favor of assessee.

Summary

Issues Involved:
1. Justification for invoking the provisions of Section 12AA(3) of the Income-tax Act, 1961.
2. Whether the activities of the assessee are in accordance with its principal objectives.
3. Whether the activities of the assessee qualify as "charitable purpose" under Section 2(15) of the Income-tax Act, 1961.

Detailed Analysis:

Issue 1: Justification for Invoking Section 12AA(3)
The primary dispute in this appeal revolves around the justification for invoking Section 12AA(3) of the Income-tax Act by the Commissioner to withdraw the registration granted to the assessee under Section 12AA(1)(b). The Tribunal noted that the power of the Commissioner to cancel the registration is circumscribed by the conditions prescribed in Section 12AA(3) of the Act. The Commissioner can only cancel the registration if the activities of the Trust or Institution are not genuine or are not being carried out in accordance with its objects. The Tribunal emphasized that the Commissioner must function strictly within the provisions of the Act and has no jurisdiction to go beyond these statutory provisions.

Issue 2: Activities in Accordance with Principal Objectives
The Commissioner argued that the activities carried out by the assessee were not in accordance with its principal objectives, which include promoting research, development, and popularization of non-conventional and renewable sources of energy. The Commissioner noted that the activities did not involve an element of research and therefore did not align with the objectives. However, the Tribunal disagreed, stating that the Commissioner had misinterpreted the Memorandum of Association. The Tribunal held that activities promoting development and popularization of non-conventional and renewable sources of energy are indeed in accordance with the objectives of the appellant society. The Tribunal found no reason to infer that such activities must necessarily involve research to be considered valid.

Issue 3: Qualification as "Charitable Purpose"
The Commissioner also argued that the activities of the assessee involved commercial activities and thus could not be considered for "charitable purpose" under Section 2(15) of the Act. The Tribunal noted that this objection cannot be a basis for canceling the registration under Section 12AA(3). The Tribunal further noted that the Commissioner did not claim that the registration was obtained through fraud or misrepresentation, thus rendering this objection invalid.

Conclusion:
The Tribunal concluded that the Commissioner had overstepped his jurisdiction by canceling the registration on grounds not specified in Section 12AA(3). The Tribunal found that the activities of the assessee were in accordance with its objectives and that the objection regarding "charitable purpose" was beyond the scope of Section 12AA(3). Consequently, the Tribunal set aside the impugned order and restored the registration granted to the assessee.

Result:
The appeal of the assessee was allowed.