2019 (9) TMI 1010 - HC - Income Tax

Exemption u/s 11 - entitled for registration u/s 12AA - whether trust deed clearly mentions only about benefiting one religion? - Tribunal took note of the factual position and held that even if the assessee Trust is only religious in nature, it would still be entitled for registration under Section 12AA - HELD THAT - In Director of Income Tax Exemptions vs. Seervi Samaj Tambaram Trust, 2014 (2) TMI 32 - MADRAS HIGH COURT it was held that there was no bar in granting registration to trust, even if the trust has both charitable as well as religious objects - no error in the order passed by the Tribunal. - Decided against revenue

Summary

Issues:
1. Entitlement of a trust for registration under Section 12AA of the Income-tax Act when the trust deed mentions benefiting one religion.
2. Entitlement of a trust for registration under Section 12AA of the Income-tax Act when the objects of the trust mention both religious and charitable objects.

Analysis:
1. The appeal was filed against the order of the Income-Tax Appellate Tribunal regarding the entitlement of the trust for registration under Section 12AA of the Income-tax Act. The Tribunal held that even if the trust is religious in nature, it can still be registered under Section 12AA. This decision was supported by a previous case where it was established that having both religious and charitable objects does not disqualify a trust from registration under Section 12AA.

2. Another case cited during the proceedings highlighted that there is no bar in granting registration to a trust even if it has both charitable and religious objects. The court emphasized that the income derived from property held under trust wholly for charitable or religious purposes should not be included in the total income of the trust. Therefore, Section 12AA of the Income-tax Act does not differentiate between trusts with charitable or religious purposes, allowing any trust to apply for registration.

3. The judgment also referred to a case involving a Chartered Accountant Study Circle where the trust's activities in publishing and selling books on professional subjects were deemed genuine for registration under Section 12AA. The court emphasized that the assessing officer must satisfy the genuineness of the trust's activities and can conduct necessary inquiries for verification.

4. Ultimately, the High Court found no error in the Tribunal's decision and dismissed the appeal, answering the substantial questions of law against the Revenue. The judgment reaffirmed that trusts with both religious and charitable objects can be entitled to registration under Section 12AA of the Income-tax Act, as long as their activities are genuine and in compliance with the law.