2021 (12) TMI 459 - AT - Income Tax

Exemption u/s 11 - registration under section 12AA withdrawn - HELD THAT - Commissioner has highlighted irregularities committed by the assessee-trust by utilization of its funds meant for fulfillment of charitable objects, for granting benefit to persons falling in the category to take undue advantage from these funds, because of their relationship. The assessee has not produced any detail before the ld.Commissioner as to how it has been fulfilled its objects. It has hardly carried out any activities towards charitable purpose, for which it was created. Therefore, after perusal of order of the ld.Commissioner, we do not find any error in it. It is upheld; appeal of the assessee is dismissed.

Summary

Issues:
Appeal against withdrawal of registration under section 12AA(3) of the Income Tax Act, 1961.

Analysis:
The appeal was filed by the assessee against the order of the ld.Commissioner withdrawing the registration granted under section 12AA of the Income Tax Act, 1961. The assessee failed to address a defect raised by the registry regarding the absence of a certified copy of the impugned order. Despite multiple adjournments and notices, the assessee did not appear before the Tribunal, leading to an ex parte hearing. The assessee raised three grounds of appeal, primarily contesting the withdrawal of registration. The ld.Commissioner had identified various discrepancies in the financial statements and assessment records of the assessee, leading to a show cause notice outlining the irregularities. The notice highlighted interest-free advances made by the assessee to individuals and entities, questioning the justification and authenticity of these transactions.

The representative of the assessee responded to the show cause notice, explaining that the advances were made from funds received for a construction project and were not for the benefit of individuals covered under section 13(3). However, the ld.Commissioner found that the funds of the trust were not utilized for their intended charitable purposes but were directed towards individuals falling under section 13(3). This led to the application of sub-section (4) of section 12AA of the Act, empowering the Commissioner to cancel the registration if the trust's activities do not comply with the specified provisions. The ld.Commissioner referenced the legal provisions and explanatory notes to support the decision to withdraw the registration based on the misuse of trust funds for the benefit of specified persons.

The ld.Commissioner's order highlighted the misuse of trust funds for the benefit of trustees and related entities, violating the provisions of section 13(1) and section 11(5) of the Income Tax Act, 1961. The order emphasized the lack of charitable activities by the assessee and upheld the withdrawal of registration. The Tribunal concurred with the ld.Commissioner's findings, noting the irregularities in fund utilization and the failure of the assessee to demonstrate fulfillment of charitable objectives. Consequently, the appeal of the assessee was dismissed, and the withdrawal of registration was upheld.

In conclusion, the Tribunal affirmed the decision to withdraw the registration granted under section 12AA of the Income Tax Act, 1961, due to the misuse of trust funds for the benefit of specified individuals and entities, contrary to the charitable objectives of the trust. The detailed analysis of discrepancies in financial transactions and the application of relevant legal provisions supported the withdrawal of registration by the ld.Commissioner, which was subsequently upheld by the Tribunal.