2016 (3) TMI 960 - AT - Income Tax

Registration under section 12AA denied - Held that - We find that assessee only intends to facilitate the education programmes in and outside India, but is not carrying on the education activities as such. It intends to be a facilitator by holding various summits, particularly, in the field of higher education by bringing in foreign universities. Further, the assessee also intends to develop, process, export and market all types of educational material and software both in India and abroad. We find that the activities of the assessee are not restricted to India, nor is the application of income earned by the assessee restricted to application of the same within India. In the case before us, we find that assessee is not carrying on the charitable activity of imparting education, but is only holding education summits to facilitate and help people in pursuing higher education by identifying foreign and Indian institutes etc. Therefore, we find that assessee is also not carrying on the charitable activity as required under section 2(15) of the I.T. Act. Therefore, we do not see any reason to interfere with the order of the CIT(E) denying the registration under section 12AA of the I.T. Act. - Decided against assessee

Summary

Issues:
1. Rejection of registration under section 12AA of the I.T. Act, 1961 by CIT(E).
2. Eligibility of the assessee for registration under section 12AA of the I.T. Act.
3. Activities of the assessee trust being charitable or non-charitable in nature.

Analysis:
1. The assessee's appeal was against the rejection of their application for registration under section 12AA of the I.T. Act by the CIT(E). The trust deed established the assessee institution to provide and promote education through educational summits in collaboration with a foreign partner. The CIT(E) observed that the activities of the assessee were both in India and outside India, leading to the rejection of registration.

2. The assessee contended that their main objective was to support education at all levels without discrimination and that they had not conducted any activities outside India during the relevant assessment year. The assessee argued that their educational activities were charitable in nature and cited relevant case laws to support their claim. However, the Departmental Representative (D.R.) highlighted clauses in the trust deed indicating activities both in and outside India, supporting the CIT(E)'s decision.

3. The Tribunal found that the assessee's activities focused on facilitating education programs and summits rather than directly imparting education. The Tribunal distinguished a previous case where the trust deed explicitly stated that activities outside India would not be funded through Indian funds. In this case, the trust deed allowed for the application of funds to activities mentioned in the main and ancillary objects of the Trust, indicating a broader scope of operations. As the assessee did not engage in charitable activities as required by section 2(15) of the I.T. Act, the Tribunal upheld the denial of registration under section 12AA.

In conclusion, the Tribunal dismissed the assessee's appeal, affirming the CIT(E)'s decision to reject registration under section 12AA of the I.T. Act based on the nature of the assessee's activities and the scope of operations outlined in the trust deed.