2018 (3) TMI 85 - AT - Income Tax

Registration u/s 12AA refused - as per CIT-A there was no cogent or corroborative evidence to prove the genuineness of activities - Held that - In the present case, undoubtedly the objects of the assessee are charitable in nature and the assessee is running a school for achievement of its objects as given in the bye-laws. Therefore, the registration cannot be denied by holding that the activities of the assessee were not genuine. In view of the above, CIT (Exemptions) is directed to grant registration to the assessee u/s 12AA of the Act. - Decided in favour of assessee

Summary

Issues Involved:
Appeal against order of CIT (Exemptions) u/s 12AA of the Act for denial of registration based on section 13(1)(c) - Examination of objects and genuineness of activities for registration u/s 12AA - Requirement of Form 10B submission at the time of registration.

Analysis:

Issue 1: Examination of Objects and Genuineness of Activities for Registration u/s 12AA
The appellant, running a school, appealed against the CIT (Exemptions) order denying registration u/s 12AA. The appellant argued that registration should be granted based on the charitable nature of society's objects and genuineness of activities. The CIT (Exemptions) rejected the application citing lack of evidence on activities' genuineness. However, the appellant provided balance sheets, income/expenditure accounts, and tax returns to prove school operations. The ITAT found the CIT's doubt on activities' genuineness unfounded as evidence showed school operation in line with society's objects. Referring to the CIT vs. Red Rose School case, the ITAT emphasized that CIT (Exemptions) must ensure activities align with trust's objects for registration. The ITAT directed the CIT to grant registration to the appellant under section 12AA.

Issue 2: Requirement of Form 10B Submission at the Time of Registration
The appellant argued that Form 10B submission is necessary at the time of filing returns, not during registration. The ITAT concurred, stating no legal requirement for Form 10B during registration. The absence of Form 10B during registration does not affect the registration process. The ITAT highlighted that the CIT (Exemptions) should focus on examining the objects and genuineness of activities during registration, not on ancillary requirements like Form 10B. Consequently, the ITAT allowed the appeal, directing the CIT to grant registration to the appellant under section 12AA.

In conclusion, the ITAT's judgment favored the appellant, emphasizing the importance of aligning activities with trust's objects for registration under section 12AA. The ITAT clarified the irrelevance of Form 10B submission at the time of registration and focused on the core requirement of verifying activities' genuineness.