2018 (10) TMI 733 - AT - Income Tax

Registration u/s 12A r.w.s 12AA - The application of the assessee has been dismissed by holding that since there is no trust-deed available with the assessee, it is not entitled for grant such registration. - Held that - The case of the assessee was that it was very old trust and only copy of PTR is available. Now trust deed has been executed, therefore, whether activities of the trust are genuine or not required to be examined afresh. We set aside order of the ld.DIT and restore this issue to his file for adjudication of the application submitted by the assessee in form no.10A for grant of registration under section 12AA of the Income Tax Act, 1961. - Matter remanded back.

Summary

Issues:
1. Denial of registration under section 12AA due to absence of trust deed.

Analysis:

Issue 1: Denial of registration under section 12AA due to absence of trust deed
The case involved an appeal by the assessee against the order of the ld.Director of Income-tax (Exemptions), Ahmedabad denying registration under section 12AA of the Income Tax Act, 1961 due to the absence of a trust deed. The ld.DIT dismissed the application as there was no trust deed available with the assessee, which is a requirement for registration under section 12AA. The tribunal noted that as per I.T. Rules, a certified copy of the instrument creating the trust must be enclosed with the application for registration. Without the trust deed, the objects of the trust cannot be verified, and it is unknown what will happen to the assets upon dissolution. The tribunal observed that the genuineness of the trust's activities must be examined to grant registration under section 12AA.

The assessee contended that a fresh trust deed has been executed and ratified by the Charity Commissioner. Citing a similar case where registration was granted without submitting the trust deed, the assessee requested a remittance of the issue for fresh adjudication. The tribunal analyzed Section 12AA, which outlines the registration process, requiring the Commissioner to satisfy himself about the genuineness of the trust's activities. Given the new trust deed, the tribunal set aside the ld.DIT's order and remitted the issue for reevaluation of the application for registration under section 12AA.

In conclusion, the tribunal allowed the appeal of the assessee for statistical purposes, directing a fresh adjudication of the application for registration under section 12AA with the submission of the new trust deed.

This comprehensive analysis highlights the key legal issues, arguments presented, relevant legal provisions, and the tribunal's decision, ensuring a detailed understanding of the judgment.