2013 (8) TMI 110 - HC - Income Tax

Registration u/s 12A and 12AA - DIT(E) refused to grant registration - Tribunal granted registration - Held that - only because the Trust has not commenced the activities, the Commissioner would have no authority to ipso facto reject the application for registration on that count alone - there was nothing to indicate any material to conclude that the objects of the Trust or the activities of the Trust were not genuine or any doubt arose in respect of the genuineness of the activities - Decided against Revenue.

Summary

Issues:
1. Registration of a Trust under Section 12A of the Income-tax Act, 1961.
2. Rejection of registration by the Director of Income-tax (Exemption).
3. Appeal to the Income Tax Appellate Tribunal.
4. Tribunal's decision based on the analysis of Trust Deed and Karnataka High Court's judgment.
5. Revenue's appeal against the Tribunal's decision.
6. Interpretation of Section 12AA(1) and genuineness of activities of the Trust.
7. Commissioner's power to grant or refuse registration under Section 12AA.
8. Tribunal's interference with the Director's decision.
9. Commissioner's requirement to satisfy about the objectives and genuineness of Trust's activities.
10. Tribunal's direction to grant registration under Section 12AA.

Analysis:
1. The case involved the registration of a Trust under Section 12A of the Income-tax Act, 1961. The Trust submitted an application for registration with the Deputy Charity Commissioner's certificate and Trust deed details. The Director of Income-tax (Exemption) rejected the registration, stating lack of Trust activities.

2. The Trust appealed to the Income Tax Appellate Tribunal, which ruled in favor of the Trust, considering it to be in an infant stage and needing registration for benefits under the Act. The Tribunal referred to a Karnataka High Court judgment for its decision.

3. The revenue appealed against the Tribunal's decision, questioning the genuineness of Trust activities and the interpretation of Section 12AA(1) regarding the Commissioner's verification requirements.

4. The Court noted that the Commissioner must satisfy himself about the Trust's objectives and activities' genuineness before granting registration under Section 12AA. The Tribunal rightfully interfered when the Commissioner rejected registration solely based on the Trust's inactivity.

5. The Court emphasized that lack of Trust activities does not automatically warrant rejection of registration. The Commissioner's authority to assess Trust activities' genuineness does not imply immediate rejection if activities have not commenced.

6. The Tribunal directed the Director of Income-tax (Exemption) to grant registration under Section 12AA, as the Trust's objectives and activities' genuineness were not in question. The Court upheld the Tribunal's decision, emphasizing the Commissioner's power to cancel registration if Trust activities are found non-genuine later on.

7. The Court concluded that the Tribunal's decision aligned with legal provisions and previous judgments. The Trust's registration should not be denied solely on the grounds of inactivity, and cancellation can occur if Trust activities are later found to be non-genuine. The Tax Appeal was disposed of accordingly.