2019 (11) TMI 805 - AT - Income Tax

Exemption u/s 11 - application of the assessee for registration u/s 12AA of the trust as well as approval under section 80G - HELD THAT - All the activities of change of land use (CLU), construction of the building, getting franchisee of established organisation, obtaining secured and unsecured loan etc. are in furtherance of the object of providing education by way of running the schools. The information regarding PAN, details of unsecured loan provider etc can be obtained, and same cannot be ground for holding that the activity is not transparent. Similarly the activities cannot be held as non-transparent due to giving personal guarantee by the trustees for getting secured loan. Similarly, projection of quality of education not clear or method of recruitment of teachers or their qualifications etc not clear, can not be basis for holding the activities as non genuine. Nowhere CIT(E), has brought on record any non-genuine activity carried by the assessee. If any further information was required in the case, he could have carried further enquiries but rejection of registration on presumption is not justified. CIT(E) has not examined the activities of the assessee in the right perspective. As the assessee has filed additional evidence before us including the affiliation granted by the central board of education, we feel it appropriate to set aside the order of the Ld. CIT(E) and restore the matter back for deciding the application of registration under section 12AA of the Act as well as the application for approval under section 80G of the Act afresh, in accordance with law. The assessee shall be afforded adequate opportunity of being heard. -Appeals of the assessee are accordingly allowed for statistical purposes.

Summary

Issues:
Appeal against rejection of registration under section 12AA and application under section 80G by the Ld. CIT(E).

Analysis:
The appeals were against the rejection of registration under section 12AA and application under section 80G by the Ld. CIT(E). The assessee trust was formed to establish and run an educational institute. The trust started the process of opening a school under an academic alliance agreement. The Ld. CIT(E) rejected the applications based on various observations:
1. The trust's main objective was to run an educational institute, but other objects were considered ostensible.
2. Activities preparatory to the main object were done till the date of application, such as land CLU, affiliation, and construction.
3. The school lacked permanent recognition and had conditions from the Directorate of Education.
4. Financial activities were not transparent, with discrepancies in accounts and lack of details for loans.
5. Loans were secured by personal guarantees of trustees, not trust property.
6. Lack of clarity on fee structure and educational quality.
Based on these, the Ld. CIT(E) concluded that the trust's activities were not transparent and lacked charitable intent, leading to rejection of registration and approval under section 80G.

The assessee argued that the trust's main objective of providing education was charitable. They provided evidence of genuineness, including a certificate and affiliation for senior secondary classes. The matter was contested by the LD DR, who opposed sending it back to the Ld. CIT(E). The ITAT analyzed the case and found that the trust's activities were genuine and in line with the main objective of education. The observations made by the Ld. CIT(E) did not prove non-genuineness. The ITAT noted that the rejection was not justified based on presumptions. Additional evidence submitted by the assessee, like the affiliation, supported the genuineness of activities. Therefore, the ITAT set aside the Ld. CIT(E)'s order and remanded the matter for fresh consideration of registration and approval applications under sections 12AA and 80G. The assessee was granted a fair hearing opportunity.

In conclusion, both appeals by the assessee were allowed for statistical purposes, and the matter was remanded for reevaluation of the registration and approval applications under sections 12AA and 80G. The ITAT emphasized the genuine nature of the trust's activities and the need for a proper examination by the Ld. CIT(E) in accordance with the law.