2019 (4) TMI 876 - AT - Income Tax

Registration of society u/s 12AA - exemption u/s 11 - allegation that objects of society are mutually beneficial to the members of the society and are not charitable - after amendment of objects, allegation broadly remain the same - assessee also conducted an entrance examination for candidates seeking for admission of courses like MBBS, BDS etc. - charitable activity u/s 2(15) OR not? - approval u/s 80G - HELD THAT - The objectives of the society are proximate to the promoting the dental and medical education as well as the welfare of the society at large and also to organize various camps, encourage research activities to hold periodical meetings and conferences etc. as discussed earlier. There is no personal benefit derived by any of the members of the Society and there is no profit motive involved in the activities of the society. The benefit is extended to all the colleges and the stake holders but not restricted to any particular community or religion. Hence, there is no reason to deny registration u/s 12A of the Act when the objects of the society demonstrates that the objects are related to the general public utility at large. The AO is having powers to deny the exemption u/s 11 in case the funds are not utilized for the specified purpose or in violation of the objects of the society. What is to be seen by the CIT(E ) at the time of registration is the objects of the Society. Application of income and denial of exemption u/s 11 is after application of the funds which is permitted by the AO in the assessment. As per the objects s of the society, the objects are charitable in nature and accordingly we direct the CIT(E) to grant registration u/s 12AA of the Act. - Decided in favour of assessee

Issues:
- Appeal against the rejection of registration of society under section 12AA of the Income Tax Act, 1961.
- Assessment of whether the objects of the society are charitable in nature.
- Interpretation of the law regarding the advancement of education and general public utility.
- Comparison of the original and amended objects of the society.
- Consideration of case laws to support the argument for charitable nature of the society's activities.

Detailed Analysis:
1. Grounds of Appeal: The appeal challenges the rejection of registration under section 12AA of the Income Tax Act by the Commissioner of Income Tax (Exemptions). While some grounds were considered general and not specifically adjudicated upon, the primary issue revolved around the nature of the society's objects.

2. Nature of Society's Objects: The society, initially facing rejection due to objects deemed mutually beneficial rather than charitable, underwent amendments to align its objectives with charitable activities. The rejection was based on the perception that the society primarily served the interests of its members, particularly private medical and dental colleges.

3. Arguments for Charitable Nature: The appellant argued that the society's activities extended beyond mutual benefits, aiming to advance education and serve the public at large. The society's efforts to promote medical and dental education, organize camps, conduct research, and interact with governmental bodies were highlighted as charitable endeavors.

4. Comparison of Objects: By contrasting the original and amended objects of the society, the Tribunal observed a shift towards charitable activities benefiting the public. The revised objectives focused on promoting education, conducting awareness campaigns, and facilitating medical relief during emergencies, indicating a broader societal impact.

5. Legal Precedents: The appellant cited various legal precedents to support the contention that activities benefiting a section of the public, even if not universal, could still qualify as charitable under the law. Case laws emphasized the importance of promoting general public utility and advancing specific community interests without personal gain.

6. Decision and Rationale: After thorough examination of the society's objectives and activities, the Tribunal concluded that the nature of the society's work aligned with charitable purposes. Emphasizing the absence of profit motives and the broader societal benefits derived from the society's initiatives, the Tribunal directed the Commissioner to grant registration under section 12AA of the Act.

7. Final Verdict: The appeal was allowed, with the Tribunal determining that the society's objectives were indeed charitable in nature, warranting registration under section 12AA of the Income Tax Act. The decision was based on the alignment of the society's activities with advancing education and promoting general public utility, as evidenced by its revised objects and operational practices.

This comprehensive analysis highlights the key aspects of the legal judgment, focusing on the interpretation of charitable activities, alignment of society's objectives, legal precedents, and the final decision in favor of granting registration under section 12AA of the Income Tax Act.

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