2012 (10) TMI 116 - AT - Income Tax

Registration u/s 12AA and Approval u/s 80 G - the purpose of promotion of family business and with profit motive - Held that - As decided by in case of Commissioner of Income-tax Versus Red Rose School 2007 (2) TMI 575 - ALLAHABAD HIGH COURT registration can be granted only if the Trust is created for Charitable and religious purpose in public interest.The assessee spent considerable amount on advertisement of the institution which never existed and further, prospectus of the assessee trust has devoted substantially on carrying out the business activities of group concern showing logo of milk product. These factors were sufficient to hold that the ld. CIT rightly rejected both the applications of the assessee, particularly when no educational or charitable activities have been actually carried out and the assessee in initial stage, assessee trust itself has tried to promote the business of group concern. assessee failed to establish that it has carried out genuine activities towards the objects of the assessee trust. Whatever other activities were carried out were found for promoting commercial activities of the group concern. Therefore, the assessee has failed to satisfy the requirements u/s. 12AA of the Act and as such, the ld. Commissioner was justified in refusing to grant registration and approval under the above provisions of the IT Act. Assessee has to make fresh application for registration as Trust and for grant of approval when it would actually start educational and charitable activities

Issues Involved:
1. Condonation of delay in filing appeals.
2. Refusal to grant registration under Section 12AA of the Income-tax Act.
3. Denial of approval under Section 80G of the Income-tax Act.
4. Examination of the genuineness of activities and objects of the trust.

Issue-wise Detailed Analysis:

1. Condonation of Delay in Filing Appeals:
The appeals were time-barred by 37 days. The delay was attributed to the technicality that the assessee initially filed a single appeal against a common order under both sections, which was later withdrawn with permission to file separate appeals. The Tribunal condoned the delay, noting that the initial appeal was filed on time and the delay was due to procedural technicalities. The Department had no objection to the condonation.

2. Refusal to Grant Registration under Section 12AA of the Income-tax Act:
The assessee trust applied for registration under Section 12AA, intending to set up educational institutions and provide medical benefits to the needy. However, the Commissioner found that the trust had not commenced any charitable or educational activities and was still in the construction phase. Additionally, a significant amount was spent on advertising, and the trust's prospectus included promotion of a family business, indicating a commercial motive. The Tribunal upheld the Commissioner's decision, emphasizing that the trust must demonstrate genuine activities aligned with its charitable objectives to qualify for registration under Section 12AA.

3. Denial of Approval under Section 80G of the Income-tax Act:
Approval under Section 80G was also denied due to the same reasons: the trust had not commenced its charitable activities and had instead promoted a family business. The Tribunal noted that for approval under Section 80G, the institution must fulfill conditions ensuring that its income would not be included in its total income under Sections 11 and 12 of the Act. Since the trust failed to meet these conditions, the denial of approval was justified.

4. Examination of the Genuineness of Activities and Objects of the Trust:
The Tribunal examined whether the trust's activities were genuine and aligned with its stated charitable objectives. The trust admitted that it had not started any educational or charitable activities and was still in the construction phase. The Commissioner found that the trust's activities, including significant advertising expenditure and the inclusion of a family business logo in its prospectus, indicated a commercial motive. The Tribunal concluded that the trust had not demonstrated genuine charitable activities and upheld the Commissioner's decision to refuse registration and approval.

Conclusion:
The Tribunal dismissed the appeals, maintaining that the trust had not commenced genuine charitable activities and had instead engaged in promoting a family business. The trust was advised to file fresh applications for registration and approval once it commenced its educational and charitable activities. The decision underscored the necessity for trusts to demonstrate genuine and charitable activities to qualify for benefits under Sections 12AA and 80G of the Income-tax Act.

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