2014 (2) TMI 32 - HC - Income Tax

Registration under Section 12AA - Held that - Section 12AA (1) contemplates satisfaction of the Commissioner about the objects of the Trust and the genuineness of the activities and make such enquiry as may be necessary for the purpose of grant of registration - The Commissioner is given power to cancel the registration, if he satisfies that the objects of such trust are not genuine or not being carried on in accordance with the objects of the trust The CIT cannot reject the application for registration merely on the ground that on the date of the application the assessee trust had not commenced its activities - It is not denied by the assessee that on the date of the application under Section 12AA, it was yet to commence its operation - The genuineness of the objects of the trust were not questioned by the Commissioner Relying upon the decision of the Gujarat High Court in the case of CIT V. Kutchi Dasa Oswal Moto Pariwar Ambama Trust 2012 (12) TMI 876 - GUJARAT HIGH COURT - Decided against Revenue.

Summary

Issues:
1. Registration under Section 12AA for a trust with both charitable and religious objects.
2. Entitlement for registration under Section 12AA for a trust before commencement of activities.

Issue 1: Registration under Section 12AA for a trust with both charitable and religious objects:
The case involved the Revenue appealing against the Income Tax Appellate Tribunal's decision to grant registration under Section 12AA to a trust with charitable and religious objects. The Revenue contended that registration cannot be granted to such trusts under Section 11(1)(a). The Tribunal allowed the appeal based on precedents, emphasizing that the Income Tax Act does not differentiate between trusts with charitable and religious purposes. The Division Bench highlighted that income from property held for charitable or religious purposes is exempt, regardless of the trust's objects. This decision was supported by the case law and provisions of the Income Tax Act.

Issue 2: Entitlement for registration under Section 12AA before commencement of activities:
The trust in question had not commenced its activities when applying for registration under Section 12AA. The Revenue argued against granting registration due to this reason. However, the Court emphasized that the Act does not require the trust to have started operations for registration. The Commissioner has the power to cancel registration if the trust does not operate in accordance with its objects. As long as the trust's objects are genuine, registration can be granted, and the Commissioner can assess the trust's activities later. The Court supported this stance by referencing a similar case and upheld the Tribunal's decision to grant registration.

In conclusion, the Court dismissed the Tax Case (Appeal) as no legal questions arose for consideration, affirming the Tribunal's decision to grant registration to the trust with charitable and religious objects, even before the commencement of activities.