MADARSA MAZAHIR ULOOM (WAQF),SAHARANPUR vs. CIT(EXEMPTION), LUCKNOW
What did the Tribunal hold?
The Tribunal held that the CIT(Exemption) should verify whether the trust's charitable purposes are for the general public or exclusively for a specific community. Based on this verification, a decision should be made in accordance with the Income Tax Act.
What were the facts?
The assessee, Madarsa Mazahir Uloom (Waqf), an institution established in 1866, applied for registration under Section 12AA of the Income Tax Act. The CIT(Exemption) rejected the application, citing concerns about the trust's objects potentially benefiting a particular religious community.
What were the issues?
Whether the rejection of the assessee's application for registration under Section 12AA was justified, considering its charitable and religious objects and the potential benefit to a specific community.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- CIT v. Dawoodi Bohra Jamat83 citing364 ITR 31 · 2014 · SC
Income Tax Appellate Tribunal, DELHIBENCH ‘E’, NEW DELHI
Before: Dr. B. R. R. KumarSh. Yogesh Kumar US
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the assessee against the order of ld. CIT(Exemption), Lucknow dated 25.09.2017.
Following grounds have been raised by the assessee:
“1. The ld. CIT(Exemptions)has made his order based on totally irrelevant and non-existent assertions and has grossly erred in law and on facts in rejection of the application of the appellant trust under section 12AA(1)(a) of the Income Tax Act, 1961.”
The assessee institution was established on 09.11.1866. The assessee got registered with Sunni Central Board of Waqfs on 17.10.1990. The ld. AR submitted that the assessee institution is a charitable cum religious institution and has not been established for the benefit of any particular religious community or caste. The main object of the institution is to Madarsa Mazahir Uloom impart Islamic education as well as modern education and spread religious awareness to everyone who desires to study the Islamic education.
As per the Income Tax Act, trusts and Institutions established for Charitable and religious purposes are entitled for exemptions. The Trust must be carrying on charitable activity covered under the provisions said Act. The eligible trust is required to make an application for grant of exemption u/s. 12A and 12AA of Income Tax Act, 1961. The exemption is governed by section 11 and 12 r.w.s. 13 of Income Tax Act, 1961. Exemption u/s. 11 is available only to trust/institution which holds the property in trust wholly for charitable purpose or religious purpose. The trust must have been created wholly for charitable purpose or wholly for religious purposes but not for the benefit of a particulars religious community or caste. The objects of the trust must be charitable covered within the meaning of section 2(15). It was submitted that the similar issue was settled by the Hon’ble Supreme Court in CIT Vs. Dawoodi Bohara Jamat (364 ITR 31). The Hon’ble Supreme Court held that where assessee trust is formed with both religious and charitable objects, in terms of section 13(1(b), its claim for registration under section 12AA can be denied only in a case when such objects are carried out for benefit of a particular religious community or caste. Hence, the matter is being referred to the file of ld. CIT(E) to verify whether the trust is involved for charitable purposes at large or only for the benefit of a few and accordingly take a decision in accordance with the provisions of the Act.
Madarsa Mazahir Uloom 5. In the result, the appeal of the assessee is allowed for statistical purpose. Order Pronounced in the Open Court on 22/02/2023.
More judgments on Section 12AA
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2448/PUN/2026[NA]Status: Disposed13 Oct 2026
- Yashaswi Academy for Skills, Pune vs PCIT (Central), PuneITA 2447/PUN/2026[NA]Status: Disposed13 Oct 2026
- Sri Jawahar Education Trust, Chamarajanagar vs The Income Tax Officer Ward 1…ITA 1735/BANG/2026[2016-17]Status: Disposed5 Oct 2026AY 2016-17
- Punjab Urban Planning and Development… vs Income Tax Officer, Ward 6(1), MohaliITA 636/CHANDI/2024[2021-22]Status: Disposed1 Oct 2026AY 2021-22
- Punjab Urban Planning and Development… vs Deputy Commissioner of Income Tax, Circle…ITA 635/CHANDI/2024[2017-18]Status: Disposed1 Oct 2026AY 2017-18
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