2017 (7) TMI 742 - HC - Income Tax

Non grant approval u/s.80G(5) - fulfillment of required conditions - Held that - Taking into account that the activities which are carried out by the respondent is covered under Section 80G(5)(vi) inasmuch as the education will be a part of charitable activities. However, in view of the provisions of Section 2(15) of the Income Tax Act and the factum of registration under Section 12A right from 1977, it will be suffice to answer all the issues in favour of the assessee.

Summary

Issues:
Challenge to Tribunal's decision on approval u/s.80G(5) for the respondent's trust despite not fulfilling conditions, charitable activities, and school's connection with the museum.

Analysis:
1. The appellant-department challenged the Tribunal's decision granting approval u/s.80G(5) to the respondent's trust despite not meeting conditions. The CIT(A) initially dismissed the application for exemption u/s 80G(5)(vi) as the trust's primary purpose was museum upkeep, not running a school. The trust deed authorized charity schemes related to the museum, not independent activities like running a school.

2. The Tribunal, however, reversed the CIT(A)'s decision, noting the trust's registration u/s 12A and clause 20 allowing charity schemes beyond museum artifacts display. The Tribunal found the school's establishment aligned with the trust deed, recognized by the Charity Department. Section 80G(5) conditions were met, and the trust's income was not taxable under specified provisions, warranting approval u/s 80G(5).

3. The Court acknowledged the school's charitable nature under Section 80G(5)(vi) and the trust's registration under Section 12A since 1977. Despite the school's independent activity, the trust's compliance with legal provisions and charitable objectives led to dismissing the department's appeal.

In conclusion, the High Court upheld the Tribunal's decision, emphasizing the trust's charitable status under Section 80G(5) and long-standing registration under Section 12A. The judgment favored the respondent's trust, considering its alignment with legal requirements and charitable endeavors, ultimately dismissing the department's appeal.