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2025 (4) TMI 1429 - AT - Income TaxRejecting the application seeking registration u/s 12A(1)(ac)(iii) - nature of the activities carried out by the Trust are religious or charitable in nature - HELD THAT - We find that the assessee in its application in Form No. 10AB specifically mentioned that its nature of activities are religious in nature. This is evident from Form No. 10AB. The assessee gave evidence to the fact of commencement of religious activities along with the reply. Assessee also furnished the salary register together with the photos as evidence in support of religious activity carried out by it since the inception. Despite all these documents CIT (Exemptions) Lucknow on perusal of the financial statements of the assessee made a remark that assessee had not incurred any expenditure on the charitable activities carried out by the assessee. Hence it could be safely concluded that the CIT (E) had proceeded on the premise that the activities carried out by the assessee trust are charitable in nature whereas factually they are only religious in nature and even the assessee sought registration only as a religious trust and not as a charitable trust. Hence the entire rejection order of the CIT (E) Lucknow had proceeded on incorrect assumption of facts and not understanding the predominant purpose for which the assessee trust was even formed. Hence we have no hesitation to cancel the said rejection order of the CIT(E) and direct CIT(E) to grant registration to the assessee trust - Assessee appeal allowed.
1. ISSUES PRESENTED and CONSIDERED
The core legal question considered is whether the Learned Commissioner of Income Tax (Exemptions) was justified in rejecting the application of the assessee Trust seeking registration under section 12A(1)(ac)(iii) of the Income Tax Act, 1961. This central issue encompasses subsidiary questions relating to:
2. ISSUE-WISE DETAILED ANALYSIS Issue: Validity of the Application for Registration under Section 12A(1)(ac)(iii) The Trust filed an application for provisional registration under section 12A(1)(ac)(vi) on 12-4-2021 and was granted provisional registration by the CIT (Exemptions) for AYs 2022-23 to 2024-25. Subsequently, the Trust filed an application for permanent registration under section 12A(1)(ac)(iii) on 30-9-2023, within six months from the date of commencement of its activities on 1-4-2023. The Court noted that the application under section 12A(1)(ac)(iii) filed within six months of commencement of activities is valid. The assessee's explanation and timing of filing were accepted as compliant with statutory requirements. This interpretation aligns with the procedural provisions governing registration applications for trusts under the Income Tax Act, ensuring that registration can be sought within a reasonable period after commencement of activities. Issue: Nature of Activities-Religious vs. Charitable The Trust's objects, as per the Trust Deed, are to propagate the spiritual teachings of Islam and to establish and maintain religious institutions such as masjids, madrasas, and religious education centers. The Trust also promotes modern education in Urdu, Arabic, English, Mathematics, Science, and other subjects, but the primary focus remains religious propagation. The Trust clarified explicitly in its application and supporting documents that it is a religious Trust, not a charitable Trust, and that it is not engaged in charitable activities as defined under the Act. This distinction is critical because registration under section 12A(1)(ac)(iii) can be granted to religious trusts, which are treated differently from charitable trusts for income tax purposes. The CIT (Exemptions) rejected the application on the premise that the Trust had not incurred expenditure on charitable activities, apparently misunderstanding or misclassifying the Trust's activities as charitable rather than religious. The Court found this to be a fundamental error of fact and law, as the Trust's predominant purpose is religious, and the application sought registration as a religious Trust. Issue: Sufficiency of Evidence and Documentation The Trust submitted extensive documentation in response to notices from the CIT (Exemptions), including:
The Court found this comprehensive set of documents and explanations sufficient to establish the Trust's bona fide religious activities and compliance with statutory requirements for registration. The evidence demonstrated active engagement in religious propagation and related educational activities, supported by financial outlays and administrative records. Issue: Application of Law to Facts and Treatment of Competing Arguments The CIT (Exemptions) based the rejection on the absence of expenditure on charitable activities, thereby implicitly treating the Trust as charitable rather than religious. The Trust countered this by emphasizing the religious nature of its objects and activities, and by clarifying that it does not carry out charitable activities as defined under the Act. The Court analyzed the statutory framework distinguishing religious trusts from charitable trusts under the Income Tax Act, particularly the provisions of section 12A(1)(ac)(iii) that apply to religious trusts. The Court held that the CIT (Exemptions) erred in conflating charitable and religious activities, leading to an incorrect factual premise and legal conclusion. The Court also noted that the Trust's application and supporting documents complied with all procedural and substantive requirements. The rejection order was therefore quashed for being founded on a misunderstanding of the Trust's predominant purpose and misapplication of the law. 3. SIGNIFICANT HOLDINGS The Court held that: "The entire rejection order of the Learned CIT (Exemptions), Lucknow had proceeded on incorrect assumption of facts and not understanding the predominant purpose for which the assessee trust was even formed." This statement encapsulates the core legal reasoning that the CIT (Exemptions) failed to correctly identify the nature of the Trust's activities, which were religious and not charitable. The Court emphasized that registration under section 12A(1)(ac)(iii) is available to religious trusts, and the Trust's application and evidence sufficiently demonstrated its eligibility. The Court concluded that the rejection order was unsustainable and directed the CIT (Exemptions) to grant registration to the Trust in accordance with law, thereby allowing the appeal. Core principles established include:
Final determination: The appeal was allowed, the rejection order was quashed, and the CIT (Exemptions) was directed to grant registration to the Trust under section 12A(1)(ac)(iii) of the Income Tax Act.
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