2011 (9) TMI 1193 - AT - Income Tax

Summary

Issues involved: Appeal against rejection of registration of Trust u/s 12AA(1)(b)(ii) of the Income-tax Act,1961.

Summary:

Issue 1: Rejection of registration u/s 12AA(1)(b)(ii)
The assessee Trust applied for registration u/s 12A(a) of the Act, but the application was rejected by the Commissioner of Income Tax, Ludhiana. The rejection was based on the delay in filing the application and the lack of charitable activities by the Trust. The Commissioner held that the delay in filing the application was not justified, and the Trust's activities did not align with the provisions of law. The Trust was given opportunities for hearing, but no response was received. The Tribunal found that the Commissioner did not provide adequate opportunity for the assessee to be heard and did not confront the reports of the Assessing Officer and Joint Commissioner to the assessee, violating the principle of natural justice. The Tribunal set aside the Commissioner's order and directed a fresh decision after affording due opportunity of being heard to the assessee within two months.

Issue 2: Lack of charitable activities
The Commissioner noted that the Trust had not performed charitable activities during the relevant assessment years and had utilized funds for purposes not considered charitable. The Trust was also found ineligible for income exemption under Section 10(23C)(iiab) as it did not meet the criteria. The Tribunal did not find sufficient justification for these conclusions and emphasized the importance of providing a fair hearing and following due process. The Tribunal allowed the appeal for statistical purposes.

Separate Judgement:
No separate judgment was delivered by the judges in this case.