2022 (10) TMI 614 - SCH - Income Tax

Exemption u/s 11 - entitled for registration u/s 12AA - Charitable activity u/s 2(15) - Denial of registration as charitable trust under Section-12AA (1)(B) - no charitable activity had in fact taken place since the society was a newly established one - HELD THAT - In view of the judgment of this Court in Ananda Social And Educational Trust v. Commissioner of Income Tax and Another 2020 (2) TMI 1293 - SUPREME COURT which judgment has approved the view taken by the Delhi High Court in Director of Income Tax v. Foundation of Ophthalmic Optometry Research Education Centre 2012 (8) TMI 777 - DELHI HIGH COURT the question of law raised in these matters has to be answered against the Revenue and in favour of the assessee. Accordingly, the appeals and the special leave petitions are dismissed. However, dismissal of these cases would not bar the Assessing Officer from cancelling the registration in case he finds that the charitable activity was not undertaken, set up or established by the assessee.

Summary

Issues:
- Delay condonation
- Interpretation of legal precedent regarding charitable activities for tax purposes
- Dismissal of appeals and special leave petitions
- Authority of Assessing Officer to cancel registration

Delay Condonation:
The Supreme Court condoned the delay in the case. The judgment refers to a previous case, 'Ananda Social And Educational Trust v. Commissioner of Income Tax,' which upheld the view of the Delhi High Court in 'Director of Income Tax v. Foundation of Ophthalmic & Optometry Research Education Centre.' The delay condonation was a procedural step taken before delving into the substantive issues.

Interpretation of Legal Precedent - Charitable Activities:
The core issue revolved around the interpretation of the law regarding charitable activities for tax purposes. Citing the aforementioned legal precedents, the Court ruled in favor of the assessee, indicating that the question of law raised in the case should be answered against the Revenue and in favor of the assessee. This decision was based on the findings that the 'charitable activity' was indeed undertaken, set up, or established by the assessee.

Dismissal of Appeals and Special Leave Petitions:
The Supreme Court dismissed the appeals and special leave petitions in light of the interpretation of the legal precedent and the specific circumstances of the case. The dismissal was a consequential outcome of the Court's ruling in favor of the assessee regarding the charitable activities in question.

Authority of Assessing Officer to Cancel Registration:
While the appeals and petitions were dismissed, the Court clarified that such dismissal would not prevent the Assessing Officer from canceling the registration if it is found that the 'charitable activity' was not genuinely undertaken by the assessee. This clarification underscores the ongoing authority and responsibility of the Assessing Officer to scrutinize and potentially cancel registrations based on the actual conduct of charitable activities by the assessee.

Conclusion:
The judgment, delivered by Hon'ble Mr. Justice Sanjiv Khanna and Hon'ble Mr. Justice J.K. Maheshwari, addressed the issues of delay condonation, interpretation of legal precedent regarding charitable activities for tax purposes, dismissal of appeals and special leave petitions, and the authority of the Assessing Officer to cancel registration. The decision favored the assessee based on the established charitable activities, while also highlighting the Assessing Officer's continued authority to act if necessary.