2018 (5) TMI 1485 - AT - Income Tax

Applicability of section 13(1)(b) - claim for the benefit of exemption u/s 11 & 12 - trust created for the benefit of a particular religious community - Held that - as per decision in case of CIT vs Dawoodi Bohara Jamat 2014 (3) TMI 652 - SUPREME COURT - It is only the objects of a trust as declared in the trust deed which would govern its right of exemption u/s 11 or 12 - thus the case is remitted back to the authority to consider the law on subject - matter remanded back - appeal of the assessee is allowed for statistical purposes

Summary

Issues:
1. Rejection of application seeking registration u/s 12AA of the I.T. Act based on the object clause of the trust deed.
2. Applicability of Section 13(1)(b) of the Act regarding benefits to a particular religious community.
3. Interpretation of provisions under Sections 11, 12A, and 2(15) of the Act.
4. Comparison with previous decisions and legal precedents regarding registration of religious trusts.

Issue 1 - Rejection of Registration Application:
The appeal was filed against the rejection of the application seeking registration under Section 12AA of the I.T. Act by the ld. CIT(E), citing the object clause of the trust deed. The ld. CIT(E) held that as the trust was created for the benefit of a particular religious community, Jain Dharm in this case, it violated Section 13(1)(b) of the Act, leading to the denial of registration. The ld. CIT(E) emphasized that the introduction of Section 12AA(4) necessitates examining Section 13(1)(b) at the registration stage to prevent long-term misuse of provisions.

Issue 2 - Applicability of Section 13(1)(b) of the Act:
The ld. AR contended that Section 13(1)(b) was wrongly invoked as the trust was purely religious, not charitable. The argument was based on the provision stating that the section does not apply to trusts created solely for religious purposes. The AR also highlighted Section 11(1)(a) and Rule 17A, emphasizing the registration requirement for trusts with religious objectives under Section 12A.

Issue 3 - Interpretation of Legal Provisions:
The ld. AR acknowledged that the trust did not engage in charitable activities, negating the relevance of Section 2(15) regarding the advancement of general public utility. The reference to legal precedents, including the decision in Shree Multan Jain Shwetamber Sabha, aimed to challenge the denial of registration based on the trust's religious nature.

Issue 4 - Comparison with Legal Precedents:
The Tribunal referred to the decision of the Hon'ble Rajasthan High Court in a similar case, where the High Court remitted the matter back for reconsideration in light of various legal precedents. Citing previous judgments, the Tribunal decided to remand the current case to the ld. CIT(E) for a fresh decision, considering the legal position established by the High Court.

In conclusion, the Tribunal allowed the appeal for statistical purposes, remanding the matter back to the ld. CIT(E) to reconsider the application in accordance with the legal principles outlined by the Hon'ble Rajasthan High Court.