2015 (12) TMI 1460 - AT - Income Tax

Registration under section 12AA - CIT(A) refused to grant registration on the ground that the application of the assessee is not accompanied with the accounts of the society for the period ending March 31, 2014 - Held that - We do not agree with the view of the learned Commissioner of Income-tax (Exemptions). As rightly argued by the learned authorised representative that at the time of registration the learned Commissioner of Income-tax (Exemptions) has to only look into the objects of the trust and if it found appropriate grant of registration under the provisions of the Act. Therefore in the case of the assessee, the learned Commissioner of Income-tax (Exemptions) ought to have examined the objects of the trust and decide the issue on its merits as per law. Moreover, the assessee-trust is in incubation stage and yet to commence its activities. At this juncture it is premature to determine the genuineness of the trust by seeking its statement of accounts. Therefore we hereby remit back the matter to the file of the learned Commissioner of Income-tax (Exemptions) to consider the objects of the trust and pass appropriate order as per merits and law. - Decided in favour of assessee for statistical purposes.

Issues Involved:
Application for registration under section 12AA of the Income-tax Act, 1961 rejected due to missing accounts for the period ending March 31, 2014. Appeal filed against the order of the Commissioner of Income-tax (Exemptions) by the assessee-trust. Disagreement on the grounds for refusal of registration, specifically regarding the necessity of submitting accounts for the mentioned period. Argument on the requirement to consider only the objects of the trust at the time of granting registration.

Analysis:

Issue 1: Refusal of Registration due to Missing Accounts
The assessee-trust filed an appeal against the order of the Commissioner of Income-tax (Exemptions) rejecting its application for registration under section 12AA of the Act. The Commissioner refused registration citing the absence of accounts for the period ending March 31, 2014, as required under rule 17A of the Income-tax Rules, 1962. The Commissioner deemed the application invalid ab initio due to this deficiency. The assessee's argument that the accounts were not necessary as the society was in an incubation stage and yet to commence activities was considered. The Tribunal disagreed with the Commissioner's view, emphasizing that at the time of registration, only the objects of the trust needed consideration. The Tribunal remitted the matter back to the Commissioner to evaluate the trust's objects and make a decision based on merit and law.

Issue 2: Disagreement on Grounds for Refusal
The crux of the issue revolved around the disagreement between the Commissioner and the assessee regarding the grounds for refusal of registration. The Commissioner's stance was that the absence of accounts for the specified period rendered the application invalid, while the assessee contended that focusing solely on the trust's objects was sufficient for registration under the Act. The Tribunal sided with the assessee, highlighting that the Commissioner should have assessed the trust's objects and made a decision based on merit and legal provisions rather than insisting on the submission of accounts for the mentioned period.

Issue 3: Requirement to Consider Trust's Objects for Registration
The Tribunal emphasized the importance of considering only the objects of the trust at the time of granting registration under section 12AA of the Act. It noted that the trust being in an incubation stage and yet to commence activities made it premature to demand the submission of accounts for the period in question. The Tribunal's decision to remit the matter back to the Commissioner underscored the need to evaluate the trust's objects and make a registration decision based on merit and legal provisions rather than focusing solely on the submission of accounts.

In conclusion, the Tribunal allowed the appeal of the assessee for statistical purposes, highlighting the significance of assessing a trust's objects for registration under the Income-tax Act, 1961, and the need to consider the trust's stage of development when evaluating registration applications.

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