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2019 (1) TMI 1526 - AT - Income TaxCharitable activity - registration u/s 12AA denied - necessity of qualifying the trust as a general public utility trust - Held that - Section 12AA(1)(b) provides that if the Principal Commissioner or Commissioner is satisfied about the object of the trust and the genuineness of its activities, he shall pass an order in writing registering the trust and if not so satisfied, pass an order refusing to register the trust. Thus, the power of the CIT is to register or to refuse the registration of the trust. He is not supposed to qualify the trust as general public utility trust . It is for the Assessing Officer to examine every year after considering the activities of the trust whether they fall within any of the above clauses of charitable activities. The CIT is not supposed to specify while registering the trust the activities which can or would be performed by the trust. In view of the above, we direct that the trust would be granted registration under Section 12AA of the Act without any qualification. - Decided in favour of assessee.
Issues:
1. Registration of the trust under Section 12AA as a specific category. 2. Granting registration under Section 12AA at an entity level. 3. Consideration of all the objectives of the trust such as education, medical relief, etc. Issue 1: Registration of the Trust under Section 12AA as a Specific Category The appeal challenged the order of the Commissioner of Income Tax (Exemptions) directing the registration of the trust as a "general public utility trust." The appellant argued that the Commissioner should either register the trust or refuse registration under Section 12AA without qualifying it as a specific category. The appellant contended that the trust's broad objectives, including education and relief to the poor, should not be restricted by categorization. The registration was granted with the condition that the Assessing Officer would annually verify the activities to determine eligibility for exemptions under Sections 11, 12, and 13. The Tribunal held that the Commissioner's role is to register or refuse registration without specifying the trust's activities. The trust was directed to be registered under Section 12AA without any qualification. Issue 2: Granting Registration under Section 12AA at an Entity Level The appellant argued that the Commissioner erred in not granting registration under Section 12AA at an entity level. However, the Tribunal's decision focused on the categorization of the trust as a "general public utility trust" rather than the entity level registration. The Tribunal's ruling did not explicitly address the entity-level registration issue raised by the appellant. Issue 3: Consideration of All Objectives of the Trust The appellant contended that the Commissioner failed to consider all the objectives of the trust, such as education and medical relief, while granting registration. The Tribunal's decision primarily revolved around the categorization of the trust and the Commissioner's role in registration under Section 12AA. The Tribunal did not delve into the specific consideration of all the trust's objectives as raised by the appellant. In conclusion, the Tribunal allowed the appeal, directing the registration of the trust under Section 12AA without any qualification as a "general public utility trust." The decision emphasized the Commissioner's role in registration and the trust's eligibility for exemptions under charitable activities without specifying the activities to be performed by the trust. The judgment did not explicitly address the entity-level registration issue raised by the appellant or the detailed consideration of all the trust's objectives during the registration process.
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