2018 (11) TMI 1056 - HC - Income Tax

Cancellation of registration of assessee charitable trust u/s 12AA(3) - assessee trust had received some foreign remittances and made over the said remittances to another charitable trust which was newly constituted and known as M/s. Malankara Catholic Diocese of Puttur - Held that - No negative stipulation in the memorandum of association by the assessee trust prohibiting any such transfer of funds to another charitable trust which was also registered under the provisions of the Income-tax Act although some of the remittances were transferred to them prior to its registration. No evidence for misuse of such foreign contribution/donation is brought on record by the Revenue authorities before cancelling such registration. The assessee clearly stated before the authority that since the remittances were received for the specific purpose of being made over to the said M/s. Malankara Catholic Diocese of Puttur, therefore they transferred the funds. The admission of the error on the part of the assessee- trust appears to have been, though uncalled for, made in right earnest and in a bona fide manner. No violation of any terms of the clause of the trust deed or memorandum of association is admitted or otherwise established on record - No ultra vires or illegal activity on the part of the respondent-trust - decided in favour of assessee.

Summary

Issues:
Appeal under section 260A of the Income-tax Act, 1961 regarding cancellation of registration of a charitable trust under section 12AA(3) based on transfer of foreign funds to another trust.

Analysis:
1. The Revenue appealed against the order of the Income-tax Appellate Tribunal canceling the registration of a charitable trust under section 12AA(3) due to the transfer of foreign remittances to another trust. The authority found the transfer ultra vires the trust's objectives, leading to the cancellation of registration.

2. The Tribunal allowed the appeal, noting that the trust's charitable nature remained unchanged, and the cancellation was based on a violation of the Foreign Contribution (Regulation) Act (FCRA). The Tribunal emphasized that the FCRA violation did not warrant cancellation under section 12AA(3) as there was no change in the trust's activities or objectives.

3. The Tribunal highlighted that the foreign remittances were authorized under the FCRA, and the transfer was made as per specific donor directions. The recipient trust was later registered under sections 11 and 12 of the Income-tax Act.

4. The High Court upheld the Tribunal's decision, stating that there was no evidence of misuse of foreign contributions or violation of trust terms. The Court emphasized the lack of proof of activities contrary to the trust's objectives and the absence of negative stipulations in the trust's documents regarding fund transfers.

5. The Court concluded that the Revenue failed to establish any illegal activity by the trust, and the Tribunal's findings were reasonable and supported by evidence. No substantial question of law was found, leading to the dismissal of the Revenue's appeal.

This detailed analysis of the judgment outlines the issues, the arguments presented, and the final decision reached by the High Court, providing a comprehensive understanding of the legal aspects involved in the case.