2015 (10) TMI 1061 - HC - Income Tax

Registration of appellant trust under section 12AA cancelled - appellant trust carrying out activities of trade, commerce or business with a profit motive - Held that - In view of the provisions of 1922 Act, the matter is required to be remanded to the Tribunal to adjudicate whether the activities of the appellant trust were covered within the meaning of charitable in nature or not even after the insertion of the proviso to Section 2(15) of the Act w.e.f 1.4.2009 i.e. in respect of assessment years 2009-10 onwards. No serious objection was raised by the learned counsel for the revenue to the aforesaid submission. Accordingly, the impugned orders passed by the Tribunal in both the appeals are set aside and the matter is remanded to the Tribunal to decide the same afresh keeping in view the proviso to Section 2(15) of the Act inserted w.e.f April 1, 2009 with reference to the provisions of the 1922 Act after affording an opportunity of hearing to the parties in accordance with law - Decided in favour of assessee for statistical purposes.

Summary

Issues:
1. Interpretation of Section 12AA of the Income Tax Act, 1961 regarding cancellation of registration of a trust.
2. Application of the proviso to Section 2(15) of the Act in determining charitable activities of a trust.
3. Consideration of the activities of an Improvement Trust under the Punjab Town Improvement Trust Act, 1922.

Analysis:
1. The judgment dealt with the interpretation of Section 12AA of the Income Tax Act, 1961, specifically regarding the cancellation of registration of a trust. The appellant Improvement Trust had filed an appeal against the order of the Income Tax Appellate Tribunal, challenging the cancellation of its registration under Section 12AA. The key issue was whether the trust was carrying out activities in accordance with a statute and if those activities could be considered as trade, commerce, or business with a profit motive.

2. The application of the proviso to Section 2(15) of the Income Tax Act, 1961 was crucial in determining the charitable nature of the trust's activities. The trust, constituted under the Punjab Town Improvement Trust Act, 1922, had its income exempted under section 10(20A) until the relevant section was omitted in 2003. The trust applied for registration as a charitable trust under Section 12AA, but the registration was rejected due to a delay in filing the application. Subsequent legal proceedings and orders led to the grant of registration subject to review under Section 12AA(3) due to an amendment to the definition of 'charitable purpose' under Section 2(15).

3. The judgment considered the activities of the Improvement Trust under the Punjab Town Improvement Trust Act, 1922, and whether these activities aligned with charitable purposes even after the insertion of the proviso to Section 2(15) in 2009. The court remanded the matter to the Tribunal for a fresh decision, emphasizing the need to assess whether the trust's activities were charitable in nature according to the provisions of the 1922 Act and the amended Section 2(15). The court highlighted the importance of a thorough review while affording an opportunity of hearing to the parties, without expressing any opinion on the merits of the controversy. The judgment aimed for an expeditious resolution of the matter, disposing of all appeals in the process.