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2019 (1) TMI 608 - HC - Income TaxCancellation of registration u/s 12AA - Charitable activities u/s 2(15) - Held that - Tribunal found that the assessee trust had entered into an agreement with said M/s Ashoka Buildcon Ltd. under which the assessee handed over the possession of land to the said concern for putting up a plant for manufacturing of Ready Mix Concrete. The said M/s Ashoka Buildcon Ltd. would supply Ready Mix Concrete required by the assessee for the construction of its school building on priority and at concessional rates. As found that at the relevant time in the nearby area no such plant was there from which the assessee could have procured the material to carry out its construction activities unhindered. It was noticed that the Ready Mix concrete was supplied with concessional rate. Tribunal has committed any error. The decision of the Kerala High Court in the case of Annadan Trust (2018 (8) TMI 518 - KERALA HIGH COURT) was rendered in somewhat different facts. The case in which the assessee trust was engaged in implementing welfare schemes of various State Governments such as supplying food to poor school children in the disbursed areas. The registration was cancelled by the Commissioner on the ground that the assessee failed to substantiate that the same was done on charitable basis. - Decided against revenue.
Issues:
1. Correctness of the decision of the Income Tax Appellate Tribunal reversing the order of the Commissioner cancelling the registration of trust under Section 12AA of the Income Tax Act, 1961. 2. Continuity of exemption under Section 80G(5) of the Act in the context of the main consideration of cancellation of registration under Section 12AA of the Act. Issue 1: The first issue involves the correctness of the decision of the Income Tax Appellate Tribunal in reversing the order of the Commissioner that cancelled the registration of a public charitable trust under Section 12AA of the Income Tax Act, 1961. The Commissioner had noted that the trust had transferred possession of immovable property to a company without obtaining permission from the Charity Commissioner, leading to the cancellation of registration. The Tribunal, however, held that the Assessing Officer could examine any breach of provisions at the time of passing the Assessment Order. The Tribunal focused on whether the trust activities were genuine and aligned with the trust's objectives to determine the validity of registration cancellation. Issue 2: The second issue pertains to the continuity of exemption under Section 80G(5) of the Act concerning the cancellation of registration under Section 12AA of the Act. The Court highlighted that the registration of a trust could only be cancelled if there was a change in the nature of activities or if the activities were not genuine. The Court referred to Circular No. 21 of 2016, emphasizing that cancellation of registration should not occur solely due to receipts exceeding specified limits, unless there is a fundamental change in the institution's activities. The Court dismissed the Revenue's argument that cancellation was warranted based on future revenue projections, emphasizing the need for current facts to support such decisions. In the judgment, the Court referenced decisions from other High Courts to support its findings. The Division Bench of the Gujarat High Court in the case of N H Kapadia Education Trust highlighted that cancellation of registration should only occur if trust activities were not genuine or did not align with the trust's objectives. Similarly, the Division Bench of the Bombay High Court in the case of Khar Gymkhana emphasized that cancellation of registration was not warranted solely based on revenue thresholds, as per Circular No. 21 of 2016. The Court upheld the Tribunal's decision in the present case, where the trust had entered an agreement to facilitate its educational activities by providing materials at concessional rates, ensuring the fulfillment of its objectives. In conclusion, the Court found no error in the Tribunal's decision and dismissed the Tax Appeals. However, it allowed the department to proceed with assessment in accordance with the law. The judgment underscores the importance of genuine trust activities aligned with the trust's objectives and the need for current facts to support decisions regarding registration cancellation or exemption continuity under the Income Tax Act, 1961.
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