2017 (11) TMI 1016 - HC - Income Tax

Contravention of the procedure provided in section 12AA - allowing the rectification of the Trust Deed after the Commissioner s order of rejection from granting exemption Pursuant to the order dated April 17, 2017 BY ITAT - Held that - An affidavit has been filed by Mr. A.P. Singh, who is one of the trustees of the Uma Sanjeevani Charitable Trust (respondent), placing on record inter alia the rectification deed dated January 22, 2016. He has also enclosed, with the affidavit, an order dated May 4, 2017 passed by the Commissioner of Income-tax (Exemptions) granting registration under section 12AA read with section 12A of the Income-tax Act, 1961 to the respondent-trust after taking on record the rectification deed. No substantial question of law

Summary

Issues:
1. Appeal against ITAT order for assessment year 2016-17.
2. Alleged error by ITAT in allowing rectification of Trust Deed.
3. Compliance with procedure under section 12AA of the Income-tax Act.

Analysis:
1. The High Court was presented with an appeal by the Revenue challenging the order of the Income-tax Appellate Tribunal (ITAT) for the assessment year 2016-17. The primary question raised was whether the ITAT erred in permitting the rectification of the Trust Deed after the Commissioner's rejection of granting exemption, allegedly in contravention of the procedure outlined in section 12AA of the Income-tax Act.

2. Following the initial hearing on April 17, 2017, the court directed the respondent to file an affidavit explaining the circumstances leading to the rectification of the trust deed, along with a copy of the rectified deed. Subsequently, an affidavit was submitted by one of the trustees of the respondent trust, providing details of the rectification deed dated January 22, 2016. Additionally, the affidavit included an order from the Commissioner of Income-tax (Exemptions) granting registration under section 12AA of the Act after considering the rectification deed.

3. Considering the evidence presented, the court concluded that as the rectification deed had been duly recorded and accepted by the Commissioner, leading to the grant of registration under section 12AA, there was no substantial legal question requiring determination by the court. Consequently, the appeal was dismissed, indicating compliance with the procedural requirements under the Income-tax Act had been met satisfactorily.