2017 (4) TMI 720 - AT - Income Tax

Non granting registration under section 12AA - Held that - In the present case, the assessee was not having any trust deed. So it is quite difficult for the ld.Commissioner to arrive at a firm conclusion about the objects of the trust. In case the trust deed is being written after application for grant of registration, then that deed can never be seen through by the ld.Commissioner for satisfying himself. In any case, we have to set aside the proceedings to the file of the ld.Commssioner for satisfying himself about the objects of the trust. Before us also, copy of the trust-deed with the Charity Commissioner has not been placed on record. The assessee is yet to receive a registration certificate from the Charity Commissioner. In this background, we deem it appropriate to dismiss this application at this stage being premature with a liberty to the assessee to file fresh application before the ld.Commissioner for grant of registration as and when it fulfills necessary requirements. In case the assessee has applied afresh for grant of registration, that application will be decided on merit in accordance with law without getting influenced with dismissal of the present appeal.

Summary

Issues:
- Registration under section 12AA of the Income Tax Act, 1961.

Analysis:
The judgment involves an appeal by the assessee against the order of the ld.Director of Income-tax (Exemptions), Ahmedabad, dated 16.9.2013. The sole grievance of the assessee was the denial of registration under section 12AA of the Income Tax Act, 1961. The assessee had applied for registration under section 12A of the Act but failed to provide essential documents as requested by the ld.DIT(Exemption), including a trust deed. The ld.DIT rejected the application citing discrimination between men and women by the trust and the absence of a trust deed, which is crucial for verifying the trust's objects and activities.

The relevant section 12AA of the Income Tax Act outlines the procedure for grant of registration to trusts or institutions. It mandates the Commissioner to conduct an inquiry to ensure the genuineness of the trust's activities. In this case, the absence of a trust deed made it challenging for the ld.Commissioner to ascertain the trust's objects accurately. The Tribunal noted that without a trust deed, it is impossible to verify the original objects of the trust or potential changes in the future. The Tribunal emphasized the importance of a trust deed for transparency and compliance with the law.

The Tribunal dismissed the appeal, stating that without a trust deed, the application for registration was premature. The Tribunal granted the assessee liberty to file a fresh application with the necessary documents. It was highlighted that the dismissal of the current appeal would not impact the assessee's future application for registration. The Tribunal's decision aimed to ensure a fair assessment of the trust's activities and objects, emphasizing compliance with legal requirements. The order was pronounced on 10th April, 2017, at Ahmedabad, concluding the legal proceedings regarding the registration under section 12AA of the Income Tax Act, 1961.