2015 (3) TMI 673 - AT - Income Tax

Registration u/s 12AA denied - name of the company shown as MAHINDRA EDUCATIONAL INSTITUTIONS indicates plurality of institution - Held that - The word institutions was placed in the name only to identify different colleges in different locations as forming part of one entity. The name is indicative to the public that there was only single entity but it consists of different colleges/institutions forming part and operating under such single entity. Further, plurality is common Indian practice in names such as 'enterprises', 'industries', 'firms', 'projects', etc., which are used as singular noun rather than to bring more than one entity. Since the assessee has complied with all the conditions which are necessary for grant of registration u/s. 12AA and we are of the opinion that 'institutions' is used as singular Noun rather than to bring more than one entity and also that Mahindra Educational Institutions is only a single entity but consists of different colleges/institutions operating under such single entity, we direct the DIT(E) to grant registration to the assesseecompany u/s. 12AA of the Income-tax Act, 1961. - Decided in favour of assessee.

Summary

Issues:
1. Registration u/s. 12AA of Income-tax Act, 1961 for a company named "Mahindra Educational Institutions" - Whether the name implies multiple entities.
2. Interpretation of the term "institution" in the context of registration under the Income Tax Act.
3. Compliance with legal requirements for registration u/s. 12AA based on the company's name.

Analysis:

Issue 1:
The appellant, a company named "Mahindra Educational Institutions," applied for registration u/s. 12AA of the Income-tax Act, 1961. The Director of Income-tax (Exemptions) (DIT(E)) raised concerns about the name implying multiple entities due to the term "institutions." The appellant argued that the name was singular in English grammar and denoted a single legal entity with various colleges operating under it. The DIT(E) rejected the registration citing the name's implication of multiple entities.

Issue 2:
The DIT(E) emphasized that the term "institution" in the relevant sections of the Income Tax Act was singular and referred to a single entity. The DIT(E) contended that the company's name, "Mahindra Educational Institutions," suggested multiple institutions, which could not be granted registration u/s. 12AA. The appellant argued that the name was used to identify different colleges under one entity and did not signify multiple entities.

Issue 3:
The Appellate Tribunal, after hearing both parties, concluded that the name "Mahindra Educational Institutions" indicated a single entity with various colleges operating under it. The Tribunal noted that the company had a single corporate identity number and a single Permanent Account Number, supporting the singular entity argument. The Tribunal found no adverse findings against the charitable nature or activities of the company. Relying on precedents and the company's compliance with registration conditions, the Tribunal directed the DIT(E) to grant registration u/s. 12AA to the appellant.

In conclusion, the Appellate Tribunal allowed the appeal, emphasizing that the name "Mahindra Educational Institutions" did not imply multiple entities but denoted a single entity with various colleges operating under it. The Tribunal directed the DIT(E) to grant registration u/s. 12AA to the appellant company.