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2019 (1) TMI 301 - HC - Income TaxExemption u/s 11 - charitable activity - Assessee failed to intimate the changes made in object clause to CIT(Exemptions), as per the undertaking given in form no.10A - Held that - The assessee Trust was granted registration under Section 12A of the Act on the basis of the objects of the Trust recorded in the original Trust deed dated 19.03.1969. The principal objects of the Trust were education of students for which purpose the Trust grants fees, scholarship, prizes, books and loans without interest. Another object of the Trust was providing medical facilities and helping the poor. The amendments of the Trust added additional object of rural development including the programme of promoting socioeconomic welfare or upliftment of the public in rural areas. CIT(Appeals) and the Tribunal examined the original objects of the Trust and the changes brought about by successive amendments. The conclusions of the CIT(A) and the Tribunal were that the original objects of the Trust were not altered or even diluted. The additional objects were also in the nature of charitable activities. The foundational characteristics of the Trust, therefore, did not under go any change. Tribunal has not committed any error in dismissing the Revenue s appeal.
Issues:
Challenge to Tribunal's judgment on exemption claim under Section 11 of the Income Tax Act, 1961 due to failure to intimate changes in object clause. Analysis: 1. The appeal was filed by the Revenue challenging the Tribunal's judgment regarding the claim of exemption under Section 11 of the Income Tax Act, 1961. The key issue was whether the Tribunal was correct in allowing the exemption claim despite the assessee's failure to inform the Commissioner of changes made in the object clause as required. 2. The Trust, a registered Charitable Trust, obtained registration under Section 12A of the Act based on its Trust Deed. The Trust Deed underwent amendments in 1975 and 1979 without communication to the Commissioner. The Assessing Officer contended that these unreported changes invalidated the registration and, consequently, the Trust was not eligible for benefits under Section 11. An assessment order was passed reflecting this stance for the Assessment Year 2009-10. 3. The Commissioner (Appeals) ruled in favor of the assessee, emphasizing that the original charitable objects of the Trust were maintained despite amendments. The Tribunal upheld this decision, highlighting that the amendments empowered the Trust to fulfill its original objectives. Citing precedents, the Tribunal differentiated between the purpose of the Trust and the powers granted to achieve its objectives. 4. The Revenue argued that the Trust's failure to notify changes in the Trust Deed to Revenue Authorities should invalidate the registration, citing the Allahabad High Court's decision in a similar case. However, the Tribunal found the Trust's objects remained charitable post-amendments, aligning with the original charitable intent. 5. The High Court concurred with the Tribunal's decision, noting that the foundational charitable nature of the Trust was preserved despite amendments. The Court questioned whether the Assessing Officer could disregard the Trust's registration without proper cancellation. The Court upheld the Tribunal's ruling, dismissing the Revenue's appeal. In conclusion, the High Court affirmed the Tribunal's decision, emphasizing that the Trust's charitable nature was maintained even after amendments, warranting the exemption claim under Section 11. The Court highlighted the importance of preserving the original charitable intent of the Trust and questioned the Assessing Officer's authority to overlook the registration without formal cancellation.
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