2017 (11) TMI 1014 - HC - Income Tax

Application of the assessee u/s 12AA grant of registration - Rejection of registration holding that the aims and objects of the assessee were not charitable in nature - fees charged by the assessee from the students had been used for the purposes other than running the educational institution - Held that - Nothing had been placed by the Revenue to show that the fees charged by the assessee from the students had been used for the purposes other than running the educational institution managed by the assessee-trust. There is nothing on record to suggest that the objects and activities of the assessee-trust are not of charitable character. Further, the Assessing Officer while passing the assessment order under section 143(3) of the Act for the assessment year 2012-13 had accepted the income of the assessee at nil as returned by the assessee. Therefore, the income derived by the assessee by way of fees from the students was applied for the aims and objects of the trust. The Commissioner of Income- tax had not found that the activities carried out by the assessee were not in consonance with its objects. Still further, in the enquiry report submitted by the Assessing Officer, nothing was mentioned as to on what basis he did not recommend for registration to the assessee. The Tribunal had rightly held that the trust was eligible for registration and directed the Commissioner of Income-tax to grant registration to the assessee - Decided in favour of assessee.

Issues:
1. Appeal by Revenue under section 260A of the Income-tax Act, 1961 against Tribunal's order
2. Eligibility of the assessee for registration under section 12AA of the Act
3. Commissioner of Income-tax's rejection of the application for registration
4. Tribunal's direction to grant registration to the assessee
5. Examination of the factual matrix and findings by the Tribunal

Issue 1: Appeal by Revenue under section 260A of the Income-tax Act, 1961 against Tribunal's order
The Revenue filed an appeal under section 260A of the Income-tax Act, 1961 challenging the order of the Income-tax Appellate Tribunal. The appeal raised substantial questions of law regarding the eligibility of the assessee for registration under section 12AA of the Act. The Tribunal had directed the Commissioner of Income-tax to grant registration to the assessee, leading to the present appeal by the Revenue.

Issue 2: Eligibility of the assessee for registration under section 12AA of the Act
The assessee had applied for registration under section 12AA of the Act by submitting necessary documents to the Commissioner of Income-tax. The Commissioner initially rejected the application, stating that the aims and objects of the assessee were not charitable in nature. However, the Tribunal found that there was no evidence to suggest that the fees collected by the assessee were not used for the charitable activities of the trust. The Tribunal also noted that the Assessing Officer had accepted the income of the assessee as nil, indicating that the income derived from student fees was applied for the trust's objectives. The Tribunal held that the trust was eligible for registration, emphasizing the importance of the genuineness of activities and charitable nature of the trust's objects.

Issue 3: Commissioner of Income-tax's rejection of the application for registration
The Commissioner of Income-tax rejected the application for registration under section 12AA, citing that the aims and objects of the assessee were not charitable. However, the Tribunal disagreed and directed the Commissioner to grant registration, highlighting that the income derived by the trust was being utilized for the trust's objectives and that there was no evidence to suggest otherwise. The Tribunal emphasized the need for the Commissioner to be satisfied about the charitable nature and genuineness of the trust's activities before granting registration.

Issue 4: Tribunal's direction to grant registration to the assessee
The Tribunal, in its order, directed the Commissioner of Income-tax to grant registration to the assessee as per law. The Tribunal's decision was based on the findings that the trust's activities were in line with its charitable objects and that the income generated was being applied for the trust's purposes. The Tribunal referenced relevant legal provisions and previous judgments to support its decision.

Issue 5: Examination of the factual matrix and findings by the Tribunal
Upon examination of the factual matrix and the findings by the Tribunal, the High Court found no merit in the Revenue's appeal. The High Court noted that there was no evidence to suggest that the fees collected were not used for charitable purposes and that the trust was eligible for registration. The High Court upheld the Tribunal's decision, stating that no substantial question of law arose, and dismissed the appeal by the Revenue.

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