9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (6) TMI 1119 - AT - Income TaxCancelling the registration granted u/s 12A - invoking the provisions of section 12AA(3) - non charitable purposes - Held that - Based on unverified and unproven allegations and complaints it cannot be held that appellant s act of receiving donation through banking channel was malafide or not genuine. We also find that the donations received from SFWHP were actually utilized for charitable purpose and therefore we find that the activities of the assessee were conducted in accordance with the objects of the trust. For the reasons set out in the foregoing therefore we hold that the Ld CIT was not justified in cancelling the registration in exercise of powers u/s 12AA(3). We accordingly cancel the Ld CIT s order dated 05.08.2016 passed u/s 12AA(3) and restore the registration u/s 12A of the Act to the assessee Trust with effect from F.Y. 2011-12. - Decided in favour of assessee.
Issues Involved:
1. Whether the Commissioner of Income Tax (Exemptions) erred in invoking the provisions of section 12AA(3) and canceling the registration granted u/s 12A of the Income Tax Act, 1961. 2. Whether the activities of the Trust were genuine and carried out in accordance with the objects of the Trust. 3. Whether the Trust violated the objects of the Trust and was involved in converting unaccounted cash into cheque through bogus donations. 4. Whether the Trust grossly misused the provisions of section 12A of the Income Tax Act, 1961. 5. Whether the Commissioner of Income Tax (Exemptions) ignored and overlooked the submissions made by the Trust. 6. Whether the order passed by the Commissioner of Income Tax (Exemptions) u/s 12AA(3) should be canceled and the registration granted u/s 12AA dated 07.03.2001 be restored. Issue-wise Detailed Analysis: 1. Invocation of Section 12AA(3) and Cancellation of Registration: The Commissioner of Income Tax (Exemptions) [CIT(E)] invoked section 12AA(3) to cancel the registration granted u/s 12A, alleging that the Trust received a bogus donation of ?70,00,000 from the Society for Welfare of the Handicapped Persons (SFWHP), Durgapur, and indulged in money laundering. The CIT(E) claimed that the Trust's activities were neither genuine nor carried out in accordance with its objects. However, the Tribunal found that the CIT(E) did not provide the Trust with any incriminating documents or evidence to support these allegations. The Tribunal emphasized that the CIT(E) must base such serious charges on tangible evidence and not mere allegations. 2. Genuineness and Adherence to Trust Objects: The Tribunal noted that the Trust consistently applied its income for charitable purposes, as evidenced by its annual accounts and the list of donations received and paid. The CIT(E) failed to point out any specific instance where the Trust's activities were not genuine or not in accordance with its objects. The Tribunal highlighted that the Trust's activities, such as donations to other charitable organizations, were in line with its declared objectives. 3. Alleged Violation of Trust Objects and Money Laundering: The CIT(E) alleged that the Trust violated its objects by converting unaccounted cash into cheques through bogus donations. However, the Tribunal found no evidence to support this claim. The CIT(E) did not examine the President of SFWHP or provide the Trust with an opportunity to cross-examine him. The Tribunal also noted inconsistencies in the CIT(E)'s findings, such as contradictory statements about the source of the alleged bogus donations. 4. Misuse of Section 12A Provisions: The CIT(E) accused the Trust of grossly misusing the provisions of section 12A by accepting bogus donations and laundering unaccounted money. The Tribunal found that the CIT(E) did not bring any clinching evidence to substantiate these allegations. The Tribunal emphasized that the CIT(E) must base such serious charges on concrete evidence and not on unverified allegations. 5. Overlooking Trust's Submissions: The Tribunal noted that the CIT(E) overlooked the Trust's submissions and did not provide it with the necessary documents or evidence to defend itself. The Tribunal found that the CIT(E) acted in haste and did not conduct a proper enquiry or give the Trust adequate opportunity to present its case. 6. Cancellation of CIT(E)'s Order and Restoration of Registration: The Tribunal concluded that the CIT(E) was not justified in canceling the Trust's registration u/s 12AA(3) as the conditions for such cancellation were not met. The Tribunal found that the Trust's activities were genuine and carried out in accordance with its objects. The Tribunal canceled the CIT(E)'s order dated 05.08.2016 and restored the Trust's registration u/s 12A with effect from F.Y. 2011-12. Conclusion: The Tribunal allowed the appeal of the Trust, finding that the CIT(E) acted without proper evidence and did not follow the principles of natural justice. The Tribunal restored the Trust's registration u/s 12A, emphasizing the need for objective and evidence-based decision-making in such cases.
|
