2018 (12) TMI 124 - AT - Income Tax

Application for registration u/s 12AA denied - Trust can be utilized for personal benefits of the Trustee which could be even commercial in nature - Held that - Assessee Trust having been constituted to carry out the charitable activities is entitled for registration u/s 12AA and consequent approval u/s 80G but the ld. CIT (E) has erred in declining the registration u/s 12AA of the Act on the basis of conjectures and surmises that the Trust can be utilized for personal benefits of the Trustee which could be even commercial in nature without having any material on file in this regard, which is not sustainable in the eyes of law. Consequently, appeals filed by the assessee are allowed directing the ld. CIT (E) to provide registration u/s 12AA to the assessee and also to grant consequent approval u/s 80G of the Act. - Decided in favour of assessee.

Summary

Issues:
1. Rejection of registration u/s 12AA and u/s 80G by the CIT (E).
2. Centralization of powers with Trustees.
3. Examination of aims and objects of the Trust.
4. Consideration of activities carried out by the Trust.
5. Requirement of complete list of donors.
6. Scope of examination for registration u/s 12AA.
7. Legal principles regarding charitable purposes.

Analysis:
The judgment pertains to the rejection of registration u/s 12AA and u/s 80G by the Commissioner of Income Tax (Exemptions) based on certain grounds. The Trust, The Rotary Megapolis Foundation, sought to challenge the order citing various reasons, including the alleged errors in rejecting the applications and the arbitrary nature of the appellate order. The Trust's main objects included rehabilitation of slum and street children, setting up orphanages, education of economically weaker sections, and other charitable activities.

The Commissioner declined registration and approval citing clauses from the Trust Deed that centralized powers with the Board of Trustees, raising concerns about potential misuse for personal benefits. However, the Tribunal found that the Trust was established for charitable purposes, evident from its activities such as educating children and engaging in charitable initiatives. The Tribunal noted that the Commissioner did not provide concrete evidence to support the claim of potential misuse.

The Tribunal emphasized that the aims and objects of the Trust should be considered holistically to determine its charitable nature. It highlighted that the registration under section 12AA is not a license for the Trust to utilize funds for personal or commercial purposes, which should be assessed during the annual assessment. The Tribunal referred to legal principles stating that a body functioning for public welfare and not for profit-making purposes is entitled to claim charitable status.

In conclusion, the Tribunal held that the Trust was entitled to registration u/s 12AA and approval u/s 80G, criticizing the Commissioner's decision based on conjectures without substantial evidence. The appeals filed by the Trust were allowed, directing the Commissioner to provide the necessary registrations and approvals. The judgment was pronounced on November 30, 2018.