2019 (1) TMI 1955 - HC - Income Tax

Exemption u/s 11 - assessee has given donation to a trust which is involved in the bogus transactions - HELD THAT - We find that the activities of the trust in relation to its education activities have not been doubted and on the basis of same activities various registrations u/s 12A, 80G and 10(23C) were awarded to the assessee. Simply the assessee has given donation to a trust which is involved in the bogus transactions cannot be the basis for the denial of the registration certificates - Decided in favour of assessee.

Summary

Issues: Appeal delay condonation, Section 260A appeal under Income Tax Act, 1961, Genuine activities of trust, Registration certificates denial based on donation to trust involved in bogus transactions.

1. Appeal Delay Condonation:
In the judgment, the court allowed GA No. 2067 of 2018 after finding sufficient cause for the delay in filing the appeal and directed the department to register the appeal immediately. This decision signifies the court's discretion in condoning delays in filing appeals under certain circumstances.

2. Section 260A Appeal under Income Tax Act, 1961:
The judgment discussed an intended appeal under Section 260A of the Income Tax Act, 1961. It was noted that only questions of fact were involved in the appeal. The Tribunal's order highlighted that no donation had been received by the trust in question, and the activities were deemed genuine. The Tribunal also accepted the donation given by the assessee and noted that the donations were negligible compared to the gross receipts of the trust over several years.

3. Genuine Activities of Trust:
The court emphasized that the trust's activities related to education had not been doubted, and various registrations under sections 12A, 80G, and 10(23C) were awarded to the assessee based on these activities. The judgment highlighted that merely giving a donation to a trust involved in bogus transactions could not be the sole reason for denying registration certificates. This analysis underscores the importance of assessing the genuineness of activities while considering registration applications.

4. Registration Certificates Denial Based on Donation to Trust Involved in Bogus Transactions:
The court found no infirmity in fact or law in the Tribunal's order, which dismissed the appeal after admitting it formally. The judgment clarified that the appeal was heard and dismissed, indicating a thorough review of the facts and legal aspects involved in the case. The stay application and the appeal were disposed of accordingly, concluding the legal proceedings related to the registration certificates denial based on the donation to a trust allegedly involved in bogus transactions.

This comprehensive analysis of the judgment highlights the key issues addressed by the court, including appeal delay condonation, the nature of the appeal under the Income Tax Act, assessment of trust activities, and the denial of registration certificates based on alleged bogus transactions.