2018 (2) TMI 41 - AT - Income Tax

Denying the registration u/s 12AA - absence of dissolution clause as well as beneficiary clause in the MOU of the society - Held that - Dissolution clause has only been incorporated on 9th April, 2017 which is much beyond the date of the impugned order, however, it reflects that beneficiary clause has not been incorporated so far. CIT(E) has rightly passed the order under challenge for denying the registration u/s 12AA of the Act in the absence of dissolution clause and beneficiary clause in the MOU of the society. However, in the interest of justice, we give opportunity to the applicant/appellant to approach the Ld. CIT(E) by making fresh application while incorporating the dissolution clause and beneficiary clause and getting the same registered in the office of the Registrar of the Society of Registration Act and the Ld. CIT(E) is requested to expedite the application of the assessee, if file afresh and adjudicate the same de novo. - Decided against assessee

Summary

Issues Involved:
1. Denial of registration u/s 12AA of the Income Tax Act by the Ld. CIT(Exemption).
2. Incorporation of dissolution clause and beneficiary clause in the Memorandum of Association (MOU) of the society.
3. Appeal against the order passed by the Ld. CIT(Exemption) by the assessee.
4. Consideration of facts and circumstances by the Appellate Tribunal ITAT Amritsar.

Analysis:
1. The appeal was filed by the assessee against the order passed by the Ld. CIT(Exemption) denying registration u/s 12AA of the Income Tax Act. The assessee contended that the order was unjust, not based on facts, and arbitrary. The Ld. CIT(Exemption) had not considered all evidence and submissions while denying registration. The appellant argued that the society's objectives were charitable as per the Act, and no show cause was given regarding the application of section 13(1)(c) of the Act.

2. The brief facts revealed that the society applied for registration u/s 12AA, stating its objectives to educate Hindu girls. The Ld. CIT(E) denied registration due to the absence of a dissolution clause and beneficiary clause in the MOU. The appellant later incorporated a dissolution clause via a resolution dated 9th April, 2017. The Appellate Tribunal noted the significance of the dissolution clause but observed the absence of a beneficiary clause in the MOU.

3. The Appellate Tribunal considered the arguments and evidence presented. It acknowledged the incorporation of the dissolution clause post the Ld. CIT(E)'s order but emphasized the absence of a beneficiary clause. The Tribunal upheld the denial of registration due to the missing clauses but granted the appellant an opportunity to reapply with the necessary clauses and expedited processing.

4. The final decision of the Appellate Tribunal was to dismiss the appeal filed by the assessee. The Tribunal advised the appellant to approach the Ld. CIT(E) with a fresh application incorporating both dissolution and beneficiary clauses for registration under section 12AA of the Act. The Ld. CIT(E) was instructed to expedite the review process for the fresh application.

This detailed analysis highlights the key issues, arguments, and the decision rendered by the Appellate Tribunal ITAT Amritsar regarding the denial of registration u/s 12AA of the Income Tax Act.