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2020 (6) TMI 2 - AT - Income TaxExemption u/s 11 - Registration u/s 12AA denied - Charitable activity u/s 2(15) - assessee is working for both religious and charitable purpose - HELD THAT - On examining the facts and issue of the instant appeal in the light of above referred decision of Shri Jain Shwetamber Murtipujak Sangh V/s CIT 2015 (3) TMI 1377 - ITAT PUNE we find that the issue stands squarely covered in favour of assessee with regard to the issue of registration u/s 12AA and we therefore, respectfully following the above decision are of the considered view that Ld. CIT (Exemption) erred in denying the registration u/s 12AA to the assessee completely ignoring the fact that the assessee is working for both religious and charitable purpose and the property in question i.e. 300 year old Jain temple is being maintained and used for religious and charitable purpose by the assessee trust under the certificate granted by the Municipal Council. Ground raised by the assessee and direct Ld. CIT (Exemption) to grant the certificate of registration u/s 12AA. Appeal of the assessee is allowed.
Issues Involved:
1. Rejection of application for registration under Section 12A of the Income Tax Act. 2. Determination of whether the trust's objects benefit a particular community or the public at large. 3. Adequacy of documents provided to substantiate ownership of the temple by the trust. 4. Differentiation between the object and the area of operation of the trust. Issue-wise Detailed Analysis: 1. Rejection of Application for Registration under Section 12A of the Income Tax Act: The appeal was filed by the assessee against the order of the Commissioner of Income Tax (Exemption) (CIT(E)), which rejected the application for registration under Section 12A. The CIT(E) formed the opinion that the objects of the trust were for the benefit of a particular community and not for the public at large. The Tribunal examined the trust deed and found that the trust's objects were both religious and charitable, which included providing medical relief to humans, safety to birds and animals, and a place for meditation. It was noted that similar issues had been adjudicated in favor of the assessee in previous cases. 2. Determination of Whether the Trust's Objects Benefit a Particular Community or the Public at Large: The CIT(E) opined that the trust's activities were directed towards the Jain Shwetamber community, thus violating Section 13(1)(b) of the Income Tax Act. However, the Tribunal found that the trust's objects included charitable activities such as medical relief and animal safety, which benefit the public at large. The Tribunal referenced several judgments, including the Hon'ble Gujarat High Court and the Hon'ble Supreme Court, which held that trusts with both charitable and religious purposes should not be denied registration under Section 12A. The Tribunal concluded that the trust's activities were not exclusively for a particular community but also for the public at large. 3. Adequacy of Documents Provided to Substantiate Ownership of the Temple by the Trust: The CIT(E) rejected the application partly because the trust did not provide adequate proof of ownership of the temple. The trust had submitted a property tax receipt and a certificate from the Municipal Council, Ganj Basoda, indicating ownership. The Tribunal found these documents to be sufficient evidence of ownership and noted that the genuineness of these documents was not doubted by the CIT(E). The Tribunal concluded that the trust had the maintenance rights of the 300-year-old Jain temple and used it for religious and charitable purposes. 4. Differentiation Between the Object and the Area of Operation of the Trust: The CIT(E) misunderstood the trust deed, differentiating between the object and the area of operation. The Tribunal clarified that the trust deed's Point No. 5, which the CIT(E) interpreted as limiting the trust's benefits to a particular community, was actually describing the area of operation, not the object of the trust. The Tribunal found that the trust's objects were not restricted to a specific community but were intended for the public at large. Conclusion: The Tribunal allowed the appeal, finding that the CIT(E) erred in denying the registration under Section 12AA of the Income Tax Act. The Tribunal directed the CIT(E) to grant the certificate of registration, concluding that the trust's activities were both religious and charitable and benefited the public at large. The order was pronounced in the open Court on 22.05.2020.
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