2020 (12) TMI 41 - AT - Income Tax

Grant of registration u/s 12AA denied - assessee did not submit original documents regarding establishment of the Trust/Society and the assessee did not furnish complete details/evidence in respect of huge cash payment towards salary and wages - HELD THAT - We find that the assessee has failed to comply with the directions of the ld. Commissioner (E) while processing the application of the assessee for seeking registration under section 12AA - assessment order passed by the AO cannot prevail over the decision of ld. Commissioner (E) and mitigate the requirement of verification and satisfaction of the ld. Commissioner (E) about the objects of the assessee being charitable and genuineness of the activities of the assessee. At the stage of granting the registration under section 12AA the ld. Commissioner (E) is not supposed to examine the correctness of the claim of expenditure but the requisite details of the employees of the assessee is a relevant information to arrive at the conclusion that the activities of the assessee are genuine. If the assessee is not having the requisite number of teachers and other staff required for running the schools and colleges, then it cannot be said that the activities of the assessee are genuine. Therefore, those decisions cannot restrict the scope of examination on the point of genuineness of the activities. Though the assessee has failed to produce the requisite details as well as the original documents for verification of the ld. Commissioner (E), however, in the interest of justice, we grant one more opportunity to produce the requisite information/details as well as the original documents before the ld. Commissioner (E) for examination and verification. Accordingly, the impugned order of the ld. Commissioner (E) is set aside and the matter is remanded to the record of the ld. Commissioner (E) for passing a fresh order after verification and consideration of the requisite information/details as well as the original documents to be produced by the assessee - Decided in favour of assessee for statistical purposes.

Issues:
1. Rejection of application for registration under section 12AA of the IT Act.
2. Requirement of original documents and details for verification.
3. Compliance with Rule 17A of the IT Rules.
4. Examination of charitable nature and genuineness of activities.
5. Scope of examination by the Commissioner (E).
6. Relevance of employee details for determining genuineness of activities.

Issue 1: Rejection of application for registration under section 12AA of the IT Act:
The appeal was against the order rejecting the application for registration under section 12AA of the Income Tax Act. The Commissioner (E) rejected the application citing reasons related to the submission of original documents and details regarding salary payments. The assessee contested the rejection on grounds of compliance with provisions and the genuineness of their activities.

Issue 2: Requirement of original documents and details for verification:
The Commissioner (E) emphasized the need for original documents to verify the charitable nature and genuineness of the activities. The failure to produce original documents and necessary details led to the rejection of the application. The Commissioner highlighted the importance of verifying the establishment of the trust/society and the activities being carried out by the applicant.

Issue 3: Compliance with Rule 17A of the IT Rules:
The assessee argued that Rule 17A of the IT Rules only required self-attested copies of documents for registration under section 12AA. However, the Tribunal clarified that while the rule specifies the application procedure, it does not limit the authority's right to verify original documents for satisfaction. Non-compliance with the Commissioner's requests hindered the verification process.

Issue 4: Examination of charitable nature and genuineness of activities:
The Tribunal stressed the Commissioner's duty to verify the charitable nature of the trust's objects and the genuineness of its activities. The failure to provide complete details and original documents impeded the assessment process. The Tribunal upheld the importance of satisfying these criteria before granting registration under section 12AA.

Issue 5: Scope of examination by the Commissioner (E):
The Tribunal clarified that the Commissioner (E) has the authority to request original documents and details for verification purposes. The Tribunal noted that the assessment order by the AO did not negate the Commissioner's requirements for verification. The Tribunal emphasized the Commissioner's role in ensuring the trust's charitable nature and genuine activities.

Issue 6: Relevance of employee details for determining genuineness of activities:
The Tribunal highlighted the significance of providing employee details, salary payments, and PF/ESI deductions to ascertain the genuineness of the trust's activities. The failure to furnish these details raised doubts about the trust's operations. The Tribunal granted the assessee another opportunity to submit the necessary information for reevaluation by the Commissioner (E).

In conclusion, the Tribunal allowed the appeal for statistical purposes, setting aside the Commissioner's order and remanding the matter for fresh consideration after the assessee provides the required information and original documents. The Tribunal emphasized the importance of complying with verification requests to establish the charitable nature and genuineness of the trust's activities.

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