2017 (7) TMI 769 - AT - Income Tax

Rejecting the application for the grant of the registration U/s 12AA - Held that - From the trust deed placed before us, clause 5 clearly indicates that assessee is going to establish and grant educational institutions in India and/or contribute to such existing institutions. It is also observed that Ld. CIT has not made any inference about objects of trust being noncharitable in nature. The balance sheet as on 31.03.2013 reproduced in the impugned order shows that the assessee has invested a substantial sum towards purchase of land for setting up of a school and also has received corpus donations. In our considered opinion, the power of Ld. CIT under section 12AA of the Act, while considering the application for registration of trusts is limited to the extent of satisfying himself about the objects of trust, being charitable in nature. At this stage of granting registration under section 12AA of the Act, he has to satisfy himself about the objects of the institution and genuineness of the activities. He is not required to look into the utilisation of funds, commercial nature of activity etc., at that stage. Thus we direct Ld. CIT to grant registration under section 12AA of the Act to the assessee. - Decided in favour of assessee.

Summary

Issues:
Appeal against denial of registration under section 12AA of the Income Tax Act, 1961 by Ld. CIT based on lack of charitable activities.

Analysis:
The appellant, a trust, appealed against the Ld. CIT's order denying registration under section 12AA of the Act, citing absence of charitable activities. The Ld. CIT observed no charitable activity in the trust's records, leading to the denial of registration. The appellant contended that the trust's objects were charitable, emphasizing educational, health, and cultural initiatives outlined in the trust deed. The trust, established in 2012, had purchased land for constructing a school, indicating progress towards its charitable goals. The appellant relied on a Tribunal order and a High Court decision to support their case.

The Ld. DR supported the Ld. CIT's decision, asserting the lack of genuine activities by the trust. However, the Tribunal examined both parties' submissions, along with relevant documents and legal precedents. Citing the jurisdictional High Court's ruling in a similar case, the Tribunal emphasized that registration under section 12AA should focus on the trust's charitable objects' genuineness, not its activities' commencement. The Tribunal noted the trust's intent to establish educational institutions and observed its investment in land for a school, indicating a genuine effort towards its charitable goals.

The Tribunal highlighted that the Ld. CIT's role in granting registration is to assess the trust's charitable objectives' authenticity, not its fund utilization or commercial nature, which falls under the Assessing Officer's purview during assessment. Referring to legal precedents, the Tribunal emphasized that the denial of registration should not be based on presumptions or misuse apprehensions but on the genuine alignment of activities with the trust's charitable objectives. Following the High Court decisions and the Tribunal's precedent, the Tribunal directed the Ld. CIT to grant registration under section 12AA to the appellant, allowing the appeal.

In conclusion, the Tribunal's detailed analysis upheld the appellant's appeal, emphasizing the importance of assessing a trust's charitable objectives' genuineness for registration under section 12AA, rather than focusing on the commencement of activities. The judgment underscored the need for a trust's activities to align with its stated charitable goals, as per legal precedents and the Income Tax Act's provisions.