2021 (11) TMI 210 - AT - Income Tax

Denying for registration u/s 12AA - scope of objects and genuineness of the charitable and public activities carried out towards the objects of the trust by the appellant trust - HELD THAT - As documents filed alongwith appeal memo is not in consonance with Income Tax Tribunal Rule, 1963. The assessee-trust was required to file document with separate list of documents with a certificate, certifying that these documents were furnished before the lower authorities. However, we instead of going into such technicality find that assessee was filed application under section 12AA and furnished required details with the said application. The assessee-trust again in response to show cause notice dated 03.05.2017 filed its reply on 11.05.2017. The reply of assessee is duly acknowledged by Ld. PCIT(E) in its order. We find that the assessee instead of filing detail explanatory submission relied on various documents furnished alongwith original application. PCIT(E) rejected the application of assessee by taking view that assessee-trust failed to file documentary evidence about the genuineness of activities in consonance with object. Considering the fact that the assessee-trust has furnished almost or requisite detail vide reply dated 11.05.2017, the Ld. PCIT(E) instead of referring all those documentary evidence rejected the application of the assessee-trust. Therefore, considering the facts and circumstances, we deem it appropriate to set aside the impugned order of Ld. PCIT(E) and restore the mater back to the file of Ld. PCIT(E) for considering the application afresh - Appeal of assessee is allowed for statistical purpose.

Summary

Issues:
1. Denial of registration under section 12AA of the Income Tax Act by the Principal Commissioner of Income Tax (Exemptions).
2. Failure to provide documentary evidence to satisfy the genuineness of charitable activities by the trust.

Analysis:
1. The appeal was filed against the order of the Principal Commissioner of Income Tax (Exemptions) denying registration under section 12AA of the Income Tax Act. The Principal Commissioner observed that the trust, formed for a specific community, did not have a dissolution clause in the trust deed. Additionally, the trust failed to provide details substantiating its claimed rental income as charitable. Despite multiple opportunities to furnish required details, the trust did not satisfy the Principal Commissioner about the genuineness of its activities in line with its objectives. Consequently, the application for registration was rejected on the grounds of lack of charitable activities and establishment of corpus for such activities.

2. During the hearing, the Authorized Representative for the trust argued that all necessary details were provided while filing the application under section 12AA. The trust explained its charitable objectives, including helping the poor and selling notebooks to students at cost price. The representative highlighted that the trust had responded to all notices and provided complete details as requested. It was contended that if given another opportunity, the trust could furnish further documentary evidence to prove the genuineness of its activities. Reference was made to a Tribunal decision where an order denying registration under section 12AA was set aside due to the failure of the Commissioner to verify documents filed by the applicant.

3. The Revenue, represented by the Commissioner of Income Tax, supported the Principal Commissioner's decision, emphasizing that the trust had not conducted any charitable activities or established a corpus for such activities. It was argued that the trust lacked the intention to engage in charitable or religious activities, and the Principal Commissioner rightly based the rejection on the available record, which did not demonstrate the genuineness of the trust's activities in line with its objectives.

4. After considering the submissions and examining the material available, the Appellate Tribunal found that while the trust had not followed technical requirements in filing documents, it had provided necessary details with the application and subsequent responses. The Tribunal noted that the trust had relied on documents submitted with the original application and responded to show cause notices. Despite the Principal Commissioner's rejection based on lack of documentary evidence, the Tribunal concluded that the trust had furnished almost all required details in its previous replies. Therefore, the Tribunal set aside the Principal Commissioner's order and directed a fresh consideration of the application, with the trust instructed to provide comprehensive details to substantiate its charitable activities and objectives.

In conclusion, the appeal was allowed for statistical purposes, and the matter was remanded back to the Principal Commissioner for a fresh decision in accordance with the law, with specific instructions for the trust to provide complete details supporting its charitable activities and objectives.