2010 (2) TMI 30 - AT - Income Tax

Summary

Issues Involved:
1. Condonation of delay in filing the appeal.
2. Rejection of application for registration u/s 12AA of the IT Act, 1961.

Summary:

Condonation of Delay in Filing the Appeal:

The assessee filed an application for condonation of delay in filing the appeal, stating that the delay was due to the busy schedule of the board of directors who are involved in social and charitable activities across different States. The learned Departmental Representative opposed the condonation. However, the Tribunal found sufficient cause for the delay and condoned it in the interest of justice.

Rejection of Application for Registration u/s 12AA:

The assessee challenged the order of the Director of IT (Exemptions) rejecting the application for registration u/s 12AA. The Director of IT (Exemptions) observed that the income of the society was not wholly used for charitable activities but was utilized for payment of dividends, and some objects of the society were commercial in nature. The Tribunal examined the bye-laws and found that the society's income was indeed used for purposes including payment of dividends, which is not in consonance with the definition of 'charitable purpose' u/s 2(15) of the Act. The Tribunal referred to the decision of the Hon'ble Supreme Court in the case of Delhi Stock Exchange Association Ltd. vs. CIT, which held that an institution with a clause for distribution of profit cannot be considered wholly for charitable purposes. Consequently, the Tribunal upheld the order of the Director of IT (Exemptions) and dismissed the appeal.

Conclusion:

The appeal was dismissed on the grounds that the existence of an enabling clause to distribute dividends disentitles the assessee from obtaining registration u/s 12AA of the IT Act, 1961.