2015 (9) TMI 450 - HC - Income Tax

Registration granted u/s. 12A cancelled - activity of the trust was not genuine and was not being carried out in accordance with the objects of the trust - Held that - In the instant case, the material on record shows that the Trust has established educational institution and imparting medical education. Every year, students are admitted. Huge investment is made for construction of buildings for housing the college, hostel and to provide other facilities to the students who are studying in the College. The College is recognized by the Medical Council of India, State of Karnataka and all other statutory authorities. Therefore, it cannot be said that the T rust is not genuine. Admittedly, the students are being admitted every year. Students are studying in all courses. Thus the object of the constitution of the Trust namely imparting of education is going on uninterruptedly. Therefore, i t cannot be said that the activities of the Trust are not being carried out in accordance with the objects of the Trust. When the aforesaid two conditions are fully satisfied, on the ground that the trustees are misappropriating the funds of the Trust the registration of the Trust cannot be cancelled . If the trustees are misappropriating the funds, if they are maintaining false accounts, it is open to the authorities to deny the benefit under section 11 of the Income Tax Act, but that is not a ground for cancelation of registration itself. That is precisely what the Tribunal has held . - Decided in favour of the assessee

Summary

Issues:
Cancellation of registration under section 12A and recognition under section 80G of the Income Tax Act.

Detailed Analysis:

Issue 1: Cancellation of Registration
The case involved the cancellation of registration under section 12A and recognition under section 80G of the Income Tax Act. The Commissioner of Income Tax withdrew the registration citing reasons such as improper maintenance of accounts, unrecorded donations, and undisclosed fees collected. Additionally, investments and transactions with related parties raised concerns. A show cause notice was issued, leading to the withdrawal of registration and recognition. The Tribunal, however, found that the Trust's activities, primarily education-related, were genuine and in line with its objectives. The Tribunal set aside the Commissioner's order, emphasizing that the Trust was not sham or bogus, and its educational activities were being carried out as intended.

Issue 2: Legal Grounds for Cancellation
The legal grounds for cancellation of registration were analyzed under Section 12AA of the Income Tax Act. The provision allows cancellation if the activities of the trust are not genuine or not in accordance with its objectives. The amendment introduced in 2004 specified the conditions for cancellation, emphasizing genuineness and alignment with the trust's objectives. The Court highlighted that cancellation could only occur based on these specific grounds, and misappropriation of funds or false accounting, while relevant for tax treatment, did not warrant cancellation of registration itself.

Issue 3: Tribunal's Decision and Justification
The Tribunal's decision to set aside the cancellation was based on the continuous operation of the Trust's educational activities and the absence of evidence indicating non-compliance with its objectives. Despite financial irregularities and misappropriation concerns, the Tribunal emphasized that denial of tax benefits could address these issues without necessitating cancellation of registration. The Court upheld the Tribunal's decision, ruling in favor of the Trust and against the revenue, dismissing the appeal on the grounds that the Trust's educational activities were genuine and aligned with its objectives, justifying the continuation of its registration.

In conclusion, the judgment centered on the cancellation of registration under the Income Tax Act, emphasizing the legal grounds, the Tribunal's decision based on the Trust's genuine activities, and the Court's ruling in favor of the Trust. The detailed analysis provided insights into the legal framework, the specific grounds for cancellation, and the importance of maintaining alignment with the trust's objectives for registration continuity.