2010 (4) TMI 789 - AT - Income Tax

Registration under section 12AA and for approval under section 80G(5)(vi) of the Act - CIT observed that trust has not been able to bring any evidence on record to establish, that any activity of the trust/association has been taken for the charitable purposes as a result genuineness of the activities - Assesse contended that without giving a reasonable opportunity to the appellant and is thus violative of the principles of natural justice - appellant contended that as a part of its objectives had sponsored a money towards computer hardware education course belonging to an economically weaker scheduled tribe - As here is no condition for grant of registration that the institution is supposed to carry out a charitable trust for entire 12 months nor is there a requirement which states that the minimum number of activities a trust is required - Held that Commissioner of Income-tax was not justified in rejecting the application for registration - Hence impugned order is set aside and the trust is allowed to get registered u/s 12AA - Commissioner of Income-tax is further directed to verify the application of the appellant seeking approval under section 80G(5)(vi) of the Act - Appeal is allowed.

Summary

Issues involved:
- Rejection of applications seeking registration under section 12AA and approval under section 80G(5)(vi) of the Act by the Commissioner of Income-tax.

Analysis:
1. Application for Registration under Section 12AA and Approval under Section 80G(5)(vi):
- The appellant trust applied for registration under section 12AA and approval under section 80G(5)(vi) of the Act. The Commissioner of Income-tax rejected the applications citing lack of evidence of charitable activities by the trust.

2. Contention of the Appellant:
- The authorized representative argued that the Commissioner's finding was incorrect as the trust had sponsored a computer hardware education course for an economically weaker individual. The representative emphasized that the trust's activities were genuine and charitable in nature.

3. Compliance with Rules and Regulations:
- The authorized representative highlighted that the trust was newly created and not required to file income and expenditure accounts prior to registration. Referring to relevant rules, it was argued that activities could commence after registration and exemption were granted.

4. Legal Precedents and Interpretations:
- Legal precedents were cited to support the argument that registration should not be denied solely based on the absence of activities at the commencement stage. The focus should be on the charitable objectives of the trust rather than immediate activities.

5. Decision and Directions:
- The Tribunal found the Commissioner unjustified in rejecting the applications without affording the trust a fair opportunity to address the objections. The order was set aside, directing the Commissioner to grant registration under section 12AA and verify the approval under section 80G(5)(vi) based on fulfillment of conditions.

6. Conclusion:
- The appeals were allowed, emphasizing the importance of considering the charitable objectives of a trust rather than immediate activities at the commencement stage. The Tribunal's decision upheld the trust's eligibility for registration and approval under the specified sections of the Act.