2015 (10) TMI 1498 - AT - Income Tax

Registration under section 12AA denied - assessee-trust is not registered under the new Haryana Registration and Regulation of Societies Act, 2012 as held by CIT(A) - Held that - This may not be the requirement under section 12AA of the Act to get registered under the new Haryana Registration and Regulation of Societies Act, 2012. Further the assessee is a registered trust, therefore, need not go for registration under the Societies Act. The reasons given by the learned Commissioner of Income-tax are wholly incorrect and alien to the provisions of section 12AA of the Act. The material brought on record by the learned Commissioner of Income-tax clearly suggest that the assessee-trust existed for charitable activities only. Therefore, there was no reason for the learned Commissioner of Income-tax to deny registration to the assessee-trust under section 12AA of the Act. - Decided in favour of assessee.

Summary

Issues:
Application for registration under section 12AA of the Income-tax Act, 1961.

Detailed Analysis:

1. Facts of the Case:
The appeal was filed against the order rejecting the application for registration under section 12AA. The trust was created in 2007 and applied for registration under section 12A. The Assessing Officer verified the activities and reported that the trust was engaged in charitable activities related to education.

2. Assessing Officer's Report:
The Assessing Officer confirmed that the trust's aims and objects were for public utility and education, meeting the criteria under section 2(15) of the Income-tax Act. The trust had utilized more than 85% of its income for its objectives and was not involved in commercial activities.

3. Commissioner's Decision:
The Commissioner rejected the registration application citing non-registration under the new Haryana Societies Act, 2012. The Commissioner's decision was challenged, arguing that as a registered trust, registration under the Societies Act was not required.

4. Judgment and Analysis:
The Tribunal found the Commissioner's reasons for rejection to be incorrect and not in line with the provisions of section 12AA. The trust's activities were deemed charitable, meeting the conditions for registration under section 12AA. The Tribunal directed the Commissioner to grant registration to the trust within one month.

5. Conclusion:
The appeal was allowed, setting aside the Commissioner's order. The Tribunal emphasized that the trust was entitled to registration under section 12AA based on its genuine charitable activities, despite the Commissioner's erroneous reasoning regarding the Societies Act registration requirement.