2018 (10) TMI 190 - AT - Income Tax

Registration u/s 12AA denied - Proof of charitable activities - Held that - Assessee-Trust has been providing I.T. Education through different courses which is also admitted in the impugned order. Thus, the objects of the Assessee-Trust are Education in nature and Assessee-Trust carrying on genuine activities of providing education. Other points raised by the Ld. CIT(E) in the impugned order are not relevant to the enquiry conducted at the stage of grant of registration under section 12AA of the I.T. Act. No evidence or material has been brought on record as to how Assessee-Trust has been doing business activities. The findings of the Ld. CIT(E) are vague and are not substantiated through any evidence or material on record. The removal of the Trustee or directions given by the donor etc., are not relevant at this stage and could be considered by the A.O. at the time of considering the applicability of Section 11 of the I.T. Act. No justification for Ld. CIT(E) to reject application for registration under section 12AA. In this view of the matter, we set aside the impugned order and restore the matter in issue to the file of Ld. CIT(E), New Delhi, with a direction to pass appropriate order under section 12AA of the I.T. Act to grant registration to the Assessee-Trust under section 12AA of the I.T. Act within one month from the date of the Order. Accordingly, appeal of the assessee is allowed.

Summary

Issues:
- Registration under section 12AA of the I.T. Act, 1961 for a Trust involved in vocational and educational programs.

Detailed Analysis:
The judgment involved a Trust formed with the main objective of organizing vocational and educational programs, seeking registration under section 12AA of the I.T. Act, 1961. The Ld. CIT(E) examined the Trust's activities and noted that it was running I.T. Education Centres across India offering various courses on a commercial basis, charging heavy fees. The gross receipts were significant, leading to the conclusion that the Trust was engaged in business activities rather than charitable endeavors. Concerns were raised about the Trust Deed's conformity to Public Charitable Trust terms, the disassociation of the settlor, and the activities being deemed as bogus. The Ld. CIT(E) ultimately rejected the registration application, citing lack of genuineness and charitable activity.

The Assessee contended that the Trust was registered, primarily focusing on vocational and educational programs, and that the Ld. CIT(E) should only assess the Trust's objects and activities' genuineness at the registration stage. The Assessee argued that the observations made were unsupported and inaccurate, emphasizing that the Trust's purpose was not profit-making. Evidence was presented to showcase the Trust's engagement in educational programs, especially in collaboration with the Ministry of Rural Development for skill development projects. The Assessee referenced legal precedents to support the claim that registration should be granted based on the genuineness of the Trust's objectives, irrespective of activities that had not yet commenced.

In the judgment, it was highlighted that the Ld. CIT(E) must satisfy himself about the Trust's objects and the genuineness of its activities before granting or refusing registration under section 12AA of the I.T. Act. The court noted that the Trust was indeed running educational programs, and the concerns raised by the Ld. CIT(E) lacked substantial evidence. The Trust's focus on education was evident, and other points raised were deemed irrelevant for the registration process. Legal references were made to emphasize that the Trust's activities were genuine and aligned with its stated objectives. The judgment concluded by setting aside the Ld. CIT(E)'s decision and directing the grant of registration to the Assessee-Trust under section 12AA of the I.T. Act within a specified timeframe, allowing the appeal of the Assessee.

Overall, the judgment revolved around the assessment of a Trust's eligibility for registration under section 12AA of the I.T. Act, focusing on the genuineness of its objectives and activities, particularly in the context of vocational and educational programs. The court emphasized the importance of assessing the Trust's purpose and genuine charitable activities, ultimately ruling in favor of granting registration to the Assessee-Trust based on the evidence presented regarding its educational initiatives and collaborations with government projects.