2022 (3) TMI 1279 - AT - Income Tax

Approval u/ 80 G (5) (vi) - approval denied as application was pre-mature as the assessee had not yet been granted registration u/s 12A - assessee again filed an application for approval u/s 80G which was also rejected on the ground that the trust was overtly religious - HELD THAT - The assessee trust continues to enjoy benefit of registration u/s 12AA of the Act and the Department has not initiated any action to cancel the said registration. Thus, for all practical purposes, the assessee trust continues to enjoy the benefit of registration u/s 12AA of the Act, as its activities are charitable in nature. No doubt has been raised about the charitable objects of the assessee trust. A perusal of the impugned order of the Ld. CIT(E) further shows that even the Ld. CIT(E) has not doubted the charitable nature of the objects of the assessee trust. Also there is no averment or allegation that the assessee trust does not fulfill the conditions as required u/s 80G(5)(vi) CIT(E) was not correct in rejecting the assessee s application for approval. Further, the Ld. CIT(E) s observation that the assessee did not prefer any appeal against the earlier orders rejecting the approval also does not hold good as the choice is left open to the assessee whether to file an appeal against the rejection of application or to file a fresh application. The case laws, as have been relied upon by the Ld. CIT DR, are also of no aid to the Department in, as much as, these case laws are on an entirely different footing and are not relevant in the present set of facts - CIT(E) was patently wrong in rejecting the assessee s application for approval u/s 80 G (5)(vi) - we direct the Ld. CIT(E) to grant approval to the assessee trust u/s 80G - Appeal of assessee allowed.

Summary

Issues:
1. Rejection of application for registration u/s 80G (5)(vi) of the Income Tax Act, 1961.
2. Consideration of charitable nature of trust's activities.
3. Previous rejections of application for approval u/s 80G.
4. Interpretation of trust's objects by the authorities.
5. Impact of registration u/s 12AA on approval u/s 80G.
6. Legal principles governing approval of application u/s 80G.

Analysis:
1. The appeal was filed against the rejection of the assessee's application for registration u/s 80G (5)(vi) of the Income Tax Act, 1961 by the Ld. Commissioner of Income Tax (Exemptions), Chandigarh (CIT(E)). The assessee contended that the rejection was erroneous and not in line with the facts and circumstances of the case.

2. The assessee, a Trust registered u/s 12AA of the Act, had been carrying out charitable activities since 2014. The rejection of the application was based on the perceived religious nature of the trust's objects. However, the Trust Deed emphasized moral values, character-building, and social welfare without discrimination, indicating a charitable purpose.

3. Despite two previous rejections of applications for approval u/s 80G, the assessee argued that the rejection should not be based on res judicata principles as the option to reapply or appeal remained with the assessee. The rejection of earlier applications was not a valid ground for the current rejection.

4. The authorities' interpretation of the trust's objects was challenged by the assessee, highlighting that the objects focused on human development and societal welfare rather than religious activities. The reliance on only a few objects out of the total listed in the Trust Deed was deemed inadequate for a comprehensive assessment.

5. The continuation of registration u/s 12AA indicated that the trust's activities were charitable in nature, and no adverse findings were made regarding the charitable aspect of the trust's operations. The approval under u/s 80G should not have been denied solely based on previous rejections without considering the current charitable activities.

6. The Tribunal concluded that the rejection of the application by the CIT(E) was incorrect. The CIT(E) failed to establish that the trust's activities were not charitable or that the conditions u/s 80G(5)(vi) were not met. The Tribunal directed the CIT(E) to grant approval to the assessee trust u/s 80G of the Act, allowing the appeal.

This comprehensive analysis addresses the key issues raised in the judgment, focusing on the grounds of rejection, the nature of the trust's activities, the impact of previous rejections, and the legal principles governing the approval process under the Income Tax Act.