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2015 (6) TMI 391 - AT - Income TaxApplication for renewal u/s.80G rejected - Held that - It is an admitted fact that the 12A registration granted to the assessee is subsisting till date and the same has not been cancelled. The assessee trust was also granted the 80G benefit for the period from 01-04-2005 to 31-03-2009. The assessee has filed the audited accounts for the last 3 years and none of the objects of the trust are non-charitable in nature. Merely because some of the trustees who were present or past nurses have participated in the protest conducted by the Nurses Federation, the same in our opinion cannot be treated as an agitation by the trust itself. Further such agitation has not been declared illegal or anti national. We find the Delhi Bench of the Tribunal in the case of Mayo College Old Boys Association (2010 (11) TMI 933 - ITAT DELHI) while dealing with an identical issue has held that when the certificate granted to the assessee u/s.12A treating it as a charitable institution is subsisting and has not shown to have been withdrawn till date, then in that case, renewal of exemption u/s.80G(5) should not be denied to the assessee. - Decided in favour of assessee.
Issues Involved:
1. Refusal of renewal under Section 80G of the Income-tax Act. 2. Assessment of the charitable nature of the trust's activities. 3. Impact of trustees' individual actions on the trust's charitable status. 4. Relevance of continued registration under Section 12A for renewal under Section 80G. Issue-wise Detailed Analysis: 1. Refusal of Renewal under Section 80G of the Income-tax Act: The appeal was filed against the CIT-IV, Pune's order dated 27-11-2013, which refused the renewal under Section 80G of the Income-tax Act. The assessee, "The Institute of Nursing Research and Development," had applied for renewal on 08-05-2013, providing requisite documents. The CIT noted that the trust's activities did not align with its stated charitable objectives, instead involving itself in confrontational and agitational activities, which were deemed non-charitable. The CIT relied on the decision in Khemraj Nemichand Srishrimal Charitable Trust Vs. CIT, where organizing rallies was not considered a charitable purpose. 2. Assessment of the Charitable Nature of the Trust's Activities: The CIT observed that the trust had not carried out activities to achieve its charitable aims and objects, instead engaging in agitations and confrontations. The CIT highlighted that the term "Andolancha" (agitation) was repeatedly mentioned in the trust's annual reports. Despite the trust's explanation attributing these mentions to translation errors, the CIT found the explanation unsatisfactory and concluded that the trust was not engaged in charitable activities. 3. Impact of Trustees' Individual Actions on the Trust's Charitable Status: The assessee argued that the agitations were conducted by trustees in their individual capacities, not by the trust itself. The trustees, who were past or present nurses, participated in these activities without involving the trust directly. The Tribunal found merit in this argument, noting that the trust itself had not engaged in agitational activities, and such actions by trustees did not negate the trust's charitable status. 4. Relevance of Continued Registration under Section 12A for Renewal under Section 80G: The Tribunal emphasized that the trust had been granted registration under Section 12A since 23-12-1998, which was still valid and had not been canceled. The Tribunal referred to the decision in Mayo College Old Boys Association Vs. DIT(Exemption), where it was held that if a trust's registration under Section 12A is subsisting, renewal under Section 80G should not be denied. The Tribunal also noted that the trust had previously been granted 80G benefits for the period from 01-04-2005 to 31-03-2009, and its audited accounts showed no non-charitable activities. Conclusion: The Tribunal found that the CIT's refusal to renew the 80G certificate was unjustified, as the trust's registration under Section 12A was still valid, and the trust's activities aligned with its charitable objectives. The Tribunal directed the CIT to grant the renewal under Section 80G, allowing the appeal filed by the assessee. The decision highlighted that trustees' individual actions did not impact the trust's charitable status and that continued registration under Section 12A was a crucial factor in granting renewal under Section 80G. Judgment: The appeal filed by the assessee was allowed, and the CIT was directed to grant the renewal under Section 80G. The decision was pronounced in the Open Court on 25.2.2015.
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