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2022 (3) TMI 709 - AT - Income TaxExemption u/s 11 - refusing the registration to the assessee s trust u/s.12AA - assessee trust was not acting in accordance with the objectives of the Trust or that its activities were not genuine - HELD THAT - We find that identical issue was earlier dealt by the ITAT Delhi Bench in the case of Nanak Chand Jain Charitable Trust v. CIT(E) 2018 (2) TMI 874 - ITAT DELHI . Later on an identical issue was decided by Coordinate Bench of the Tribunal in the case of Roundglass Foundation Vs. CIT(E) 2020 (1) TMI 1045 - ITAT CHANDIGARH wherein it has been held that merely because the assessee trust had been found by another company for complying with CSR requirements it cannot be denied registration u/s. 12AA of the Act unless the genuineness of the activities of the assessee s trust or its charitable objects are doubted. CIT(E) has neither disputed the charitable nature of the objects of the assessee trust nor has doubted the genuineness of the activities carried out by the assessee trust the assessee trust deserves to be granted registration u/s. 12AA of the Act. Accordingly we set aside the order of the Ld. CIT(E) and direct him to grant registration to the assessee trust. Appeal of the assessee stands allowed.
Issues Involved:
1. Rejection of registration under section 12AA of the Income Tax Act. 2. Allegations of the Trust being a vehicle for Corporate Social Responsibility (CSR) activities of the parent company. 3. Application of funds and compliance with the objectives of the Trust. 4. Consideration of evidence and submissions by the assessee. 5. Legal precedents relevant to the case. Issue-Wise Detailed Analysis: 1. Rejection of Registration under Section 12AA: The primary issue revolves around the rejection of the assessee Trust's application for registration under section 12AA of the Income Tax Act, 1961. The Ld. Commissioner of Income Tax (Exemptions) [CIT(E)] initially rejected the application on the grounds that the Trust was established to meet the CSR obligations of its parent company, KDDL Ltd., and had routed funds to the corpus without specific directions, allegedly violating section 11(1)(d) of the Act. The Tribunal had earlier directed the CIT(E) to reconsider the application and pass a speaking order after giving a reasonable opportunity to the assessee. 2. Allegations of the Trust being a Vehicle for CSR Activities: The CIT(E) held that the Trust was merely a vehicle for discharging the CSR obligations of KDDL Ltd. and had not undertaken any project implementation. It was noted that the Trust had donated funds received from the parent company, although giving donations was not defined in the Trust deed's objects. The CIT(E) concluded that the Trust was a captive in-house trust of its parent company and rejected the registration application again. 3. Application of Funds and Compliance with the Objectives of the Trust: The assessee argued that it had carried out charitable activities in line with its objectives, albeit also fulfilling CSR activities for KDDL Ltd. The assessee provided detailed evidence of its charitable activities, including donations to various entities for education, medical relief, and other charitable purposes. The Tribunal noted that the CIT(E) had not disputed the charitable nature of the Trust's objects or the genuineness of its activities. 4. Consideration of Evidence and Submissions by the Assessee: The assessee contended that the CIT(E) had not considered the voluminous documents and evidence submitted to demonstrate its charitable activities. The Tribunal observed that the CIT(E) had only made observations and drawn erroneous conclusions from the Trust's bank accounts without adequately considering the evidence provided. 5. Legal Precedents Relevant to the Case: The Tribunal relied on several judicial precedents to support its decision. These included: - Roundglass Foundation Vs. CIT(E): It was held that a Trust formed for complying with CSR requirements cannot be denied registration under section 12AA unless the genuineness of its activities or its charitable objects are doubted. - Nanak Chand Jain Charitable Trust v. CIT(E): The Delhi Bench held that there was no requirement to see whether the activities of the Trust were in sync with the Companies Act for granting registration under section 12AA. - CIT Vs. J.K. Charitable Trust: It was emphasized that the charitable purpose could be served by contributing to another charitable organization. The Tribunal concluded that the CIT(E) had neither disputed the charitable nature of the Trust's objects nor doubted the genuineness of its activities. The objection that the Trust was a captive in-house trust of its parent company was not sufficient to deny registration. The Tribunal directed the CIT(E) to grant registration to the assessee Trust under section 12AA of the Act, setting aside the CIT(E)'s order. Final Judgment: The appeal of the assessee was allowed, and the CIT(E) was directed to grant registration under section 12AA of the Income Tax Act to the assessee Trust. The Tribunal emphasized that the charitable nature of the Trust's objects and the genuineness of its activities were the primary considerations for granting registration.
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