2016 (11) TMI 972 - HC - Income Tax

Grant of registration - whether apart from the sale deed had not been able to produce any document to substantiate the fact of the degree college being established for a charitable purpose? - Held that - We are unable to agree with the submissions inasmuchas the impugned order categorically records that except for the fact of non filing of documents no other objection had been raised by the Commissioner Income Tax about the genuineness of the activities of the assessee trust. In such a situation, such a finding of fact having been recorded and without there being any element of perversity in the same or any other adverse material on record there is no reason to accept the argument of the learned counsel for the appellant as they do not raise any substantial question of law.

Issues:
1. Appellant's failure to produce documents for establishing charitable purpose.
2. Appellate authority's decision on the genuineness of the activities of the assessee trust.
3. Appellant's contention for remand based on insufficiency of material before the Commissioner Income Tax.

Analysis:

1. The primary issue in this case revolves around the appellant's failure to produce documents to substantiate the establishment of a degree college for a charitable purpose. The appellate authority noted that the appellant had submitted evidence for the purchase of land for the college. The court emphasized that the Commissioner Income Tax (CIT) has the power to call for necessary information to ensure the genuineness of the activities of a trust. The court found that the CIT did not doubt the charitable activities but solely based the denial of registration on the lack of documents for land purchase. However, the court observed that the appellant had indeed submitted the required documents, specifically a copy of the registered sale deed, fulfilling the conditions under section 12 AA(1)(a) of the Act. Consequently, the court set aside the CIT's order and directed the grant of registration within a specified period.

2. The appellate authority's decision regarding the genuineness of the activities of the assessee trust was crucial in this judgment. The court highlighted that the CIT did not question the charitable activities conducted by the assessee trust. The only basis for denying registration was the perceived lack of evidence for land purchase, which the court found to be unfounded upon reviewing the documents on record. As the appellant met the stipulated conditions under the Act, the court overturned the CIT's decision and instructed the grant of registration under section 12 AA(1)(b) within a specified timeframe.

3. The appellant's contention for remand based on the insufficiency of material before the Commissioner Income Tax was also addressed in the judgment. The court rejected the argument that the matter should be remanded, emphasizing that the impugned order clearly stated that apart from the absence of certain documents, no other objections were raised regarding the genuineness of the activities of the assessee trust. The court found no perversity in the recorded facts and deemed the argument for remand unsubstantial in the absence of adverse material on record. Consequently, the appeal was dismissed.

In conclusion, the judgment delves into the appellant's failure to produce specific documents, the appellate authority's assessment of the genuineness of the trust's activities, and the rejection of the appellant's plea for remand. The court's detailed analysis and interpretation of the relevant legal provisions led to the decision to allow the appeal and direct the grant of registration to the assessee trust.

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