2015 (9) TMI 696 - AT - Income Tax

Registration u/s 12AA denied - assessee has undertaken very limited charitable activities and the funds available with the assessee was also very less - Held that - In the case on our hand, it is not the case of the department that no activity was undertaken. The Commissioner claims that the assessee trust has undertaken very limited activity. Therefore, it may not be proper to say that no activity was undertaken by the assessee trust. The activity report said to be filed before the Commissioner is not available on the file of this Tribunal. Therefore, this Tribunal is unable to appreciate the activity said to be carried on by the assessee. Since the assessee claims that they have done little activity about the charity in the first year of its establishment, this Tribunal is of the considered opinion that it is not a case that no charitable activity was carried on. However, as observed earlier, in the absence of the activity report, this Tribunal is unable to appreciate the activities carried on by the assessee. In view of the above, this Tribunal is of the considered opinion that the matter needs to be re-examined by the Commissioner in the light of the judgment of the Kerala High Court in the case of Self Employees Service Society (2000 (9) TMI 47 - KERALA High Court ). It is made clear that the trust cannot be used as a vehicle / instrument for collecting any money compulsorily from public. Though the assessee could receive voluntary donation, the Commissioner shall ensure that no money is collected compulsorily in the name of the trust. - Decided in favour of assessee for statistical purpose.

Summary

Issues:
1. Rejection of application for registration u/s 12AA of the Act by the Administrative Commissioner.
2. Interpretation of the requirement for charitable activities and funds availability for registration.
3. Examination of whether commencement of activity is necessary at the time of registration u/s 12AA of the Act.
4. Consideration of relevant case laws and judgments in determining the grant of registration for charitable trusts.

Issue 1: Rejection of Registration Application:
The appeal was against the Administrative Commissioner's order rejecting the application for registration u/s 12AA of the Act. The assessee trust was formed with charitable objectives, but the Commissioner found the charitable activities limited and funds insufficient. The ld.representative argued that the trust's object was to serve various causes, including empowering women, aiding students, and assisting in calamities. The Commissioner's basis for rejection was the limited activities and funds of the trust.

Issue 2: Charitable Activities and Funds Availability:
The ld.representative contended that the trust's intent and activities should determine registration, not the extent of charitable work done. Citing precedents, it was argued that immediate extensive charity work is not mandatory for registration. However, the ld.DR emphasized the trust's limited activities and unclear future charitable plans as reasons for rejection.

Issue 3: Commencement of Activity for Registration:
The core issue was whether the trust must commence activities at the time of seeking registration u/s 12AA. Various judgments were cited to support the argument that the trust's object, not immediate activity, should be the focus for registration. A key contention was whether the trust's lack of substantial charity work early on should impact the registration decision.

Issue 4: Consideration of Case Laws and Judgments:
The Tribunal analyzed relevant case laws, including a judgment of the Kerala High Court, which highlighted the importance of genuine charitable activities for registration. The Tribunal noted that the jurisdictional High Court's ruling held significance in this case. The absence of a clear activity report and the need for a re-examination by the Commissioner were emphasized based on legal precedents and the trust's claimed charitable efforts.

In conclusion, the Tribunal set aside the lower authority's order and remitted the registration issue back to the Commissioner. The Commissioner was directed to reassess the matter considering the trust's objectives and activities, ensuring compliance with legal requirements. The Tribunal emphasized the importance of genuine charitable work and the need for a thorough examination before deciding on registration.