INDEPENDENT AND PUBLIC SPIRITED MEDIA FOUNDATION ,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME-TAX, (CENTRAL), BENGALURU
What did the Tribunal hold?
The Tribunal held that the assessee had indeed carried out activities not in consonance with its stated charitable objects. The Tribunal found that providing funds to profit-making entities without evidence of services rendered did not qualify as an application of income for charitable purposes, thus upholding the cancellation of registration.
What were the facts?
The assessee, Independent and Public Spirited Media Foundation, had its registration under section 12AB of the Income Tax Act cancelled by the Principal Commissioner of Income Tax. The cancellation was based on findings that the trust had violated its charitable objects by promoting political articles, biased content, and providing grants to profit-making entities without evidence of services rendered.
What were the issues?
Whether the assessee's activities, including funding profit-making entities and promoting specific content, were in line with its charitable objects for the purpose of maintaining registration under section 12AB. Whether the cancellation of registration was a disproportionate action.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(15)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Zile Singh v. State of Haryana222 citing8 SCC 1 · 2004
- 14 In Sun Export Corporation, Bombay v. Collector of Customs184 citing6 SCC 564 · 1997
- PCIT v. ABC Papers Ltd.181 citing447 ITR 1 · 2022 · SC · Read judgment
- Commissioner of Customs v. Dilip Kumar & Co.114 citing95 Taxmann.com 327 · 2018 · SC · Read judgment
- CIT v. Max India Ltd.68 citing388 ITR 81 · 2016 · HC
- Auro Lab v. ITO27 citing102 Taxmann.com 225 · 2019 · HC
- ACIT v. Agra Development Authority19 citing90 Taxmann.com 282 · 2018 · HC
- Indian Medical Trust v. PCIT13 citing414 ITR 296 · 2019 · HC · Read judgment
- P.A. Ahammed v. Chief Commissioner of Income Tax8 citing282 ITR 334 · 2006 · HC
- CIT v. Manekji Mota Charitable Trust6 citing267 Taxmann 16 · 2019 · HC
- CIT v. Sahara India Financial Corporation Limited6 citing294 ITR 363 · 2007 · HC
- CIT v. AAR BEE Industries5 citing357 ITR 542 · 2013 · HC · Read judgment
- Mumbai Cricket Association v. DIT, Mumbai Cricket Association v. DIT (Exemption)5 citing138 ITD 338 · 2012 · ITAT
- Capstone Securities Analysis Pvt. Ltd. v. Dy. Commissioner of Income Tax, Circle-1(1), Pune4 citing85 Taxmann.com 270 · 2017
- 348 ITR 3003 citing348 ITR 300 · HC
Income Tax Appellate Tribunal, “A” BENCH : BANGALORE
Before: SHRI PRASHANT MAHARISHI & SHRI KESHAV DUBEY
Per Prashant Maharishi, Vice President :
ITA No.625/Bang/2023 is filed by Independent and Public Spirited Media Foundation (the assessee/appellant) against the order passed by the Principal Commissioner Of Income Tax (Central), Bangalore (the learned CIT) under section 12 AB (4) (ii) of the Income Tax Act, 1961 (the Act) dated 26 June 2023 wherein the registration granted to the assessee under section 12 AA/12 AB of the Act is cancelled with effect from previous year 2016 – 17 and for all subsequent previous years as per provisions of section 12 AB (4) of the Act as h
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