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2007 (4) TMI 661 - AT - Income TaxDenial for Grant of registration u/s 12AA - satisfaction of the CIT regarding the objects of the trust and the genuineness of its activities - income earned by the trust is being invested in the trust only - HELD THAT - The erstwhile firm, having two partners, which are the trustees of the present assessee trust, was dissolved vide a dissolution deed. The learned CIT has objected that this dissolution deed was not registered but was simply attested by a Notary, having no value under the provisions of the Transfer of Property Act. Such observation, it is seen, has no relation whatsoever with either the objects of the Trust or its activities. Moreover, the dissolution deed has not been shown to be required to be registered for the purposes of granting of registration to the assessee trust. The observations of the learned CIT in this regard are, therefore, not in any way detrimental to the assessee s claim of registration. The learned CIT has not observed any of the objects to be not to his satisfaction. None of these objects has been stated to be outside the purview of section 2(15) of the act, which holds charitable purposes to include relief of the poor, education, medical relief, and the advancement of any other object of internal public utility. Then, APB 6 to 8 is a copy of the balance subject of the assessee trust, as on 31-3-2005. It shows that all the income earned by the trust has been invested in the trust only. Further, the earned CIT has not, anywhere in the impugned order, doubted either the genuineness of the activities of the trust, or its objects. It has not been stated that any object of the trust is not that of charity or that the income of the trust has been used for the purpose of the trustees or their families and had not been utilised for charity. Thus, in the absence of any dissatisfaction of the earned CIT with regard to either the objects or the genuineness of the activities of the trust, registration has been refused to the trust in violation of the provisions of section 12AA of the Act. The reasons recorded for such rejection of registration we entirely extraneously to the requirement of the said section. Grant of registration u/s 12AA of the Act only relevant consideration is the satisfaction of the CIT regarding the objects of the trust and the genuineness of its activities. Hence, the grievance of the assessee was entirely justified and was accepted as such - In the result, the appeal of the assessee is allowed.
Issues Involved:
1. Rejection of application for registration under Section 12A(a) of the IT Act, 1961 by the CIT. 2. Adequate opportunity of being heard. 3. Considerations not germane to the issue. 4. Genuineness of the trust and its activities. 5. Legal formalities concerning the transfer of property. 6. Compliance with Section 13(3) of the IT Act, 1961. 7. Observations regarding the irrevocability clause of the trust deed. Issue-wise Detailed Analysis: 1. Rejection of Application for Registration under Section 12A(a) of the IT Act, 1961 by the CIT: The assessee's application for registration under Section 12A(a) was rejected by the CIT on various grounds, including the constitution of the trust by closely related trustees, the previous operation of an educational institution by the trustees, and the unilateral takeover of the firm's assets and liabilities without a formal agreement. The CIT also raised concerns about the charitable nature of the trust's activities and the irrevocability clause in the trust deed. 2. Adequate Opportunity of Being Heard: The assessee contended that the CIT rejected the application without giving an adequate opportunity of being heard. The CIT's observations and the subsequent appeal indicate that the assessee was given a chance to respond to the CIT's initial findings, but the CIT found the responses unconvincing. 3. Considerations Not Germane to the Issue: The CIT's rejection was based on considerations such as the family nature of the trust, the previous business activities of the trustees, and the lack of formal transfer deeds. The Tribunal found these considerations irrelevant to the satisfaction of the CIT regarding the objects of the trust and the genuineness of its activities, which are the primary criteria under Section 12AA. 4. Genuineness of the Trust and Its Activities: The Tribunal noted that the CIT did not record any dissatisfaction regarding the objects of the trust or the genuineness of its activities. The trust's objectives, as laid out in the trust deed, were found to be charitable and educational. The Tribunal emphasized that the CIT's role under Section 12AA is confined to verifying the objects and activities of the trust. 5. Legal Formalities Concerning the Transfer of Property: The CIT raised issues regarding the non-registration of the dissolution deed and the absence of a formal transfer deed for the property taken over by the trust. The Tribunal found that these issues had no bearing on the satisfaction of the CIT regarding the objects and activities of the trust. The Tribunal also noted that the trustees of the trust were the erstwhile partners of the dissolved firm, which mitigated the need for a formal transfer deed. 6. Compliance with Section 13(3) of the IT Act, 1961: The CIT expressed concerns about the irrevocability clause in the trust deed, which allowed trustees to decide the fate of the net assets on dissolution. The Tribunal found these concerns speculative and not relevant to the registration process. The Tribunal highlighted that the trust is irrevocable and the trustees are for life, ensuring compliance with Section 13(3). 7. Observations Regarding the Irrevocability Clause of the Trust Deed: The CIT's observation that the irrevocability clause could allow trustees to misuse the trust's assets was deemed hypothetical by the Tribunal. The Tribunal pointed out that the trust deed's provisions were enabling clauses and did not indicate any intention to misuse the assets. Conclusion: The Tribunal concluded that the CIT's refusal to grant registration was based on extraneous considerations and not on the statutory requirements of Section 12AA. The Tribunal allowed the appeal, directing that registration be granted to the assessee trust. The Tribunal emphasized that the CIT's role is to verify the objects and genuineness of the trust's activities, and no adverse findings were made on these aspects.
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