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2014 (8) TMI 834 - AT - Income TaxValidity of cancellation of registration granted u/s 12A Held that - The assessee trust was granted registration u/s.12A of the I.T. Act - CIT cancelled the registration granted earlier on the ground that the assessee trust is running the hospital on commercial basis with profit motive and is taking undue advantage of tax concession given by the statute to the institutions engaged in genuine charitable activities - once registration is granted to the trust/institution and if subsequently the AO finds during the assessment proceedings that the income of the charitable trust is applied directly or indirectly for the benefit of the persons referred to in section 13(3), then he has ample power to deny exemption to that extent u/s.13(1)(c) of the I.T. Act relying upon Modern Defence Shikshan Sansthan Vs. CIT 2007 (2) TMI 255 - ITAT JODHPUR - CIT is not justified in cancelling the registration granted earlier to the assessee trust u/s.12A of the I.T. Act, 1961 Decided in favour of Assessee. Award of cost u/s 254(2B) Held that - CIT has passed an order u/s.12AA(3) of the Act during the course of discharge of her duty as CIT - While discharging her duty, her action might have caused some hardship to the assessee due to error of judgement but it does not warrant levy of cost on the department relying upon Pooran Mal Vs. Director of Inspection (Investigation), Income Tax, New Delhi and others 1973 (12) TMI 2 - SUPREME Court - even though the innocent is likely to be harassed by a raid for the purpose of search and seizure that cannot be helped - there is no such action of search and seizure which causes serious invasion in the privacy of the person - Commissioner was discharging her quasi-judicial duty - there is nothing on record to suggest that the action of the CIT was malafide. Approval u/s 80G(5)(vi) Held that - The trust was granted approval u/s.80G(5)(vi) of the I.T. Act. on 30-12-2009 for the period from 23-02-2009 to 31-03-2011 and valid in perpetuity unless specifically withdrawn in view of Board s Circular No.07/2010 order dated 27-10-2010 - CIT subsequently withdrew the approval granted u/s. 80G(5)(vi) of the I.T. Act on the ground that the registration granted earlier u/s.12AA has been cancelled by her as the matter relating to the registration u/s.12A of the I.T. Act is already remitted back to the CIT, the approval granted earlier u/s. 80G(5)(vi) of the I.T. Act to the assessee trust is also remitted back Decided in favour of Assessee.
Issues Involved:
1. Validity of cancellation of registration granted under Section 12A of the Income Tax Act, 1961. 2. Alleged violations of Sections 13(1)(c) and 11(5) of the Income Tax Act, 1961. 3. Whether the trust is running a commercial medical establishment. 4. Request for awarding costs under Section 254(2B) of the Income Tax Act, 1961. 5. Validity of withdrawal of approval under Section 80G(5)(vi) of the Income Tax Act, 1961. Issue-wise Detailed Analysis: 1. Validity of Cancellation of Registration Granted Under Section 12A: The assessee trust, engaged in providing medical aid, was granted registration under Section 12A of the Income Tax Act, 1961. The Commissioner of Income Tax (CIT) cancelled this registration on the grounds that the trust was operating a multi-speciality hospital on a commercial basis, charging fixed fees, and diverting surplus funds towards trustees under the guise of salaries, rents, and professional fees. The CIT also noted that the trust was funding the education of the trustees' son and daughter-in-law and had advanced funds to a firm where the chief trustee was a partner, which contravened Section 11(5) of the Act. The Tribunal held that the CIT did not provide any material evidence to show that the activities of the trust were not genuine or not in accordance with its objects. The Tribunal emphasized that the CIT's power to cancel registration under Section 12AA(3) is limited to ensuring the genuineness of the trust's activities and their alignment with the trust's objectives. Therefore, the Tribunal set aside the CIT's order and restored the registration granted under Section 12A. 2. Alleged Violations of Sections 13(1)(c) and 11(5): The CIT alleged that the trust violated Sections 13(1)(c) and 11(5) by diverting funds for personal benefits of the trustees and advancing funds to a firm where the chief trustee was a partner. The Tribunal noted that the CIT failed to establish these allegations with sufficient documentary evidence. The Tribunal also pointed out that the CIT's role under Section 12AA(3) does not extend to examining violations under Sections 13(1)(c) and 11(5), which are matters to be addressed during assessment proceedings. Consequently, the Tribunal did not find any merit in the CIT's allegations and set aside the order. 3. Whether the Trust is Running a Commercial Medical Establishment: The CIT argued that the trust was operating a hospital on a commercial basis, charging fixed fees, and not providing genuine charity. The Tribunal, however, observed that the trust's activities were aligned with its charitable objectives, and the surplus generated was used for the expansion of the hospital and charitable purposes. The Tribunal cited various judicial precedents, including the Supreme Court's ruling in Additional CIT vs. Surat Art Silk and the Bombay High Court's decision in Vanita Vishram Trust vs. Chief CIT, to support the view that a trust's charitable status is not negated merely because it generates surplus while pursuing its objectives. The Tribunal concluded that the trust's activities were genuine and charitable, and therefore, the CIT's order was not justified. 4. Request for Awarding Costs Under Section 254(2B): The assessee requested the Tribunal to award costs under Section 254(2B) for the alleged arbitrary and malicious exercise of judicial powers by the CIT, which had tarnished the trust's reputation. The Tribunal rejected this request, stating that the CIT was discharging her quasi-judicial duties and any hardship caused to the assessee was due to an error of judgment, not malafide intent. The Tribunal cited the Supreme Court's decision in Pooran Mal vs. Director of Inspection (Investigation), Income Tax, New Delhi, to emphasize that the exercise of statutory powers, even if causing inconvenience, does not warrant awarding costs unless malafide intent is proven. Therefore, the Tribunal dismissed the assessee's request for costs. 5. Validity of Withdrawal of Approval Under Section 80G(5)(vi): The CIT withdrew the approval granted under Section 80G(5)(vi) on the grounds that the registration under Section 12A had been cancelled. Since the Tribunal restored the registration under Section 12A, it also restored the approval under Section 80G(5)(vi). The Tribunal noted that the approval was valid in perpetuity unless specifically withdrawn, and since the grounds for withdrawal were no longer valid, the approval should be reinstated. Conclusion: The Tribunal allowed the appeals filed by the assessee, setting aside the CIT's orders cancelling the registration under Section 12A and withdrawing the approval under Section 80G(5)(vi). The Tribunal also dismissed the assessee's request for awarding costs, emphasizing that the CIT's actions were part of her quasi-judicial duties and not motivated by malafide intent.
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