2014 (10) TMI 1034 - AT - Income Tax

Exemption u/s 11 - refusal of registration u/s 12AA - Proof of charitable activities as prescribed u/s 2(15) - non-approval of the state government for running educational institutions - HELD THAT - We find that the Directorate of Tamil Nadu Matriculation Schools, Chennai has already accorded approval on 4.3.2014 permitting the assessee to open a school for LKG to VIIIth class from academic year 2014-15. Therefore, the first objection does not survive. Assessee has not commenced its charitable activities and its activity as a commercial organization - The assessee has already enrolled students in the school. The hon'ble jurisdictional high court in DIT(E) vs M/s Seervi Samaj Tambaram Trust - 2014 (2) TMI 32 - MADRAS HIGH COURT has held that registration u/s 12AA of the Act ought not be refused on the ground of non-commencement of charitable activities. Lack of genuineness in the assessee s activities as well - We accept the assessee s contentions and hold it entitled for registration u/s 12AA of the Act. Needless to say, the issue of commercial activities and lack of genuineness abovesaid are left to be examined in the course of assessment as per law. - Assessee s appeal is allowed.

Summary

Issues:
1. Refusal of registration u/s 12AA of the Income-tax Act, 1961 by the Commissioner of Income-tax-I Tiruchirappalli.
2. Non-approval of the state government for running educational institutions.
3. Allegation of not commencing charitable activities and acting as a commercial organization.
4. Lack of genuineness in the activities of the trust.

Analysis:
Issue 1: The appeal was against the order of the Commissioner of Income-tax-I Tiruchirappalli refusing registration u/s 12AA of the Income-tax Act, 1961. The trust deed of the appellant outlined various charitable objects, including educational institutions, hospitals, libraries, and scholarships. The Commissioner raised concerns about the trust not being approved by the state government and not carrying out charitable activities despite generating donations. The Appellate Tribunal noted that the trust had obtained approval from the Directorate of Tamil Nadu Matriculation Schools to open a school, addressing the first objection. The Tribunal also referenced a previous court ruling that registration should not be denied solely for non-commencement of charitable activities. Consequently, the Tribunal allowed the appeal, holding the trust entitled to registration u/s 12AA, with the issue of commercial activities and genuineness left for assessment.

Issue 2: The Commissioner's objection regarding non-approval by the state government for running educational institutions was resolved by the trust obtaining approval from the Directorate of Tamil Nadu Matriculation Schools to open a school, validating the trust's compliance with the requirement.

Issue 3 & 4: The Commissioner alleged that the trust had not commenced charitable activities and was operating as a commercial organization, questioning the genuineness of its activities. However, the Tribunal found that enrolling students in the school demonstrated the initiation of charitable activities. Citing a relevant court case, the Tribunal emphasized that registration should not be refused based on non-commencement of charitable activities. The Tribunal accepted the trust's contentions, granting registration u/s 12AA and leaving the assessment of commercial activities and genuineness for future examination.

In conclusion, the Appellate Tribunal allowed the appeal, recognizing the trust's entitlement to registration under section 12AA of the Income-tax Act, 1961, based on the fulfillment of charitable purposes and addressing the objections raised by the Commissioner.