AUROVEDA INTEGRAL FOUNDATION,JAIPUR vs. CIT(EXEMPTIONS), JAIPUR
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that commencement of actual charitable activities is not a condition precedent for granting registration under Section 12AA. The focus should be on the genuineness of the objects of the trust.
What were the facts?
The assessee's application for registration under Section 12AA was rejected by the CIT(Exemption) on the grounds that no charitable activities had been carried out. The CIT held that the genuineness of activities is reflected by their actual conduct.
What were the issues?
Whether actual commencement of charitable activities is a prerequisite for granting registration under Section 12AA, and whether preparatory steps like applying for land allotment can be considered as charitable activities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(4)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.
- CIT v. Vijay Vargiya Vani Charitable Trust19 citing232 Taxmann 340 · 2014
- Hardayal Charitable and Educational Trust v. CIT12 citing25 Taxmann.com 288 · 2013
- DIT v. Seervi Samaj Tambaram Trust8 citing362 ITR 199 · 2014 · HC
- CIT v. Sree Anjaneya Medical, 2016, Supreme Court of India3 citing74 Taxmann.com 243 · 2016 · SC
Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR
Before: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 988/JP/2016
PER SHRI KUL BHARAT, JM.
The appeal filed by the assessee is directed against the order of ld. CIT
(Exemptions), Jaipur dated 09 September, 2016. The assessee has raised the
following grounds of appeal :-
“ The ld. Commissioner of Income Tax has grossly erred in fact as well as in law in Rejection the Application for Registration u/s. 12AA of Income Tax Act, 1961 of the appellant company:
i. on the pretext of the appellant company not having carried out any charitable activities.
ii. in holding that Registration u/s. 12AA cannot be granted unless the trust has really carried out charitable activities.
iii. in not considering the actions of the appellant company of applying to the State Govt. and State Govt. departments for allotment of a suitable land for its proposed charitable hospital and in turn signing an MOU with the state govt. for the purposes on the insistence of the state govt. and further consequent to which JDA had shortlisted and made an allotment of Land to the Company, which under certain conditions was not accepted by the company on technical.
2 ITA No. 988/JP/2016 Auroveda Integral Foundation.
iv. in not considering all the above preparatory activities as activities towards the objects of the trust and alleging such activities to be not falling within the ambit of “real charitable” activities without really defining what in his mind the charitable activities would constitute to be. Same could constitute to be.
v. in holding that the genuineness of the activities is reflected by the actual conduct of the activity and whether it is as per objects or not and accordingly holding that the proposal for allotment of land cannot be held as charitable activity within the meaning of Sec. 2(15) of the Act. On such basis concluding that applicant company cannot be held as charitable organization.(para 8 at page 5)
vi. in holding that in absence of actual activities, the genuineness of the activities of the society is neither verifiable nor, it is established.
vii. in wrongly placing reliance on the decision of the ITAT, Agra Bench reported at (2012) 25 Taxman.com 288/ (2012) 138 ITD 179 which is based on distinguishable facts not applicable to the company and at the same time not considering decision of various High Courts which have held that commencement of actual activities is not a condition precedent for grant of registration and what is actually required to be seen is whether the objects incorporated in trust deed are genuine for carrying out the charitable activities.
2.i. The learned Commissioner of Income Tax has erred I fact and in law in not following the judgment of the Jurisdiction High Court in the case of CIT v. Vijay Vargiya Vani Charitable Trust (2015) 58 taxmann.com 335/232Taxman 340/(2014)369 ITR 360 (Raj.) which is binding on the subordinate court and authorities or Tribunals under its superintendence throughout the territories in relation to which it exercises under the Rule of Judicial Precedence.
ii. In view of the aforesaid judgment of the jurisdictional High Court, when the objects incorporated in the Objects of the Company for which it has been incorporated are found to be genuine for carrying on charitable activities, it fulfills requirement of grant of registration under Section 12A and commencement of actual activities by the trust or registration u/s 12AA of the Act and actual commencement of charitable activities is not a condition precedent or grant of Registration and hence application for Registration cannot be rejected.”
Briefly, stated the facts are that an application in the Form No. 10A seeking
the registration under Section 12AA of the Income Tax Act, 1961(herein after
referred to as the Act) was made to the Ld. CIT and the same was rejected on the
3 ITA No. 988/JP/2016 Auroveda Integral Foundation.
ground that the applicant has not carried out any charitable activity as well as it has
not started the activities as per the object of the Company. It is observed by the Ld.
CIT(E) that genuineness of the activities is reflected by the actual conduct of the
activity and whether it is as per objects or not. Therefore, on this ground, he
rejected the application. Aggrieved by this, the assessee has preferred the present
appeal.
The effective ground is against rejection of the application under section 12AA
as made by the assessee.
3.1. The ld. Counsel submitted that the assessee company is incorporated as a
Company under section 8 of the Companies Act 2013 and is engaged in the
charitable activities and it is not for earning any profit. He submitted that the
decision of the Ld. CIT is contrary to the binding precedents wherein the Hon’ble
jurisdictional High Court rendered in the case of CIT vs. Vijay Vargiya Vani Charitable
Trust, 369 ITR 360 has held as under :
“In our view, the Trust can move the application immediately at the time of formation then there is no prohibition under the Act seeking registration. In our view as observed earlier the only thing to be looked into at the time of granting of registration is that the object of the Trust or which it was formed have to be seen and examined, the CIT’s satisfaction about genuineness of the activities of the Trust is not a criteria as the trust is yet to commence activities. Asking about charitable activities at the nascent stage would amount to putting a cart before the horse.
In view of what we have observed hereinabove, in our view the Tribunal rightly directed the commissioner for granting registration u/sec. 12AA of the Act and in our view reading of plain language of Section 12AA, no substantial question of law arise out of the order of the Tribunal for consideration of this court.”
4 ITA No. 988/JP/2016 Auroveda Integral Foundation.
3.2. The ld. Counsel for the assessee submitted that at the time of registration it is
not required to be seen whether the assessee has carried out any activity. In
support of this contention, Ld. Counsel for the assessee further relied on the
judgment of the Hon’ble Madras High Court rendered in the case of Director of
Income Tax (E) Vs. Seervi Samaj Tambaram Trust, 362 ITR 199 (Madras). Further,
realiance is placed on the judgment of Hon’ble High Court of Punjab and Haryana
rendered in the case of Shishu Niketan Panchkula Educational Society vs. CIT,
(2015) 53 Taxmann.com 311 (P&H).
3.3. On the Contrary, Ld. CIT D/R opposed the submission and she submitted that
similar issue is pending for adjudication before Hon’ble Supreme Court in the case of
CIT vs. Sree Anjaneya Medical (2016) 74 taxmann.com 243 (SC). The ld. D/R
submitted that Special Leave Petition has been allowed and leave has been granted
to the Revenue. The Ld. Counsel for the assessee submitted that merely leave has
been granted would not disturb the binding nature of the judgment of the
jurisdictional High Court.
3.4. We have heard the rival contention, perused the material available record and
gone through the orders of the lower authorities. There is no dispute with regard to
the fact that the Ld. CIT has rejected the application on the basis that no activity has
been carried out, therefore, genuineness of the same cannot be commented upon.
We therefore, following the judgement of Hon’ble Jurisdictional High Court rendered
in the case of CIT vs Vijay Vargiya Vani Charitable Trust(Supra) set aside of the
order the Ld. CIT and restore this application for registration under Section 12AA for
decision afresh, to the file of Ld. CIT(E). Grounds raised in the appeal is allowed for
statistical purposes.
5 ITA No. 988/JP/2016 Auroveda Integral Foundation.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 23/02/2017.
Sd/- Sd/- ( dqy Hkkjr) ¼foØe flag ;kno½ (VIKRAM SINGH YADAV) ( KUL BHARAT ) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Jaipur Dated:- 23/02/2017. Pooja/ आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू
The Appellant- Auroveda Integral Foundation, Jaipur. 2. The Respondent- . The Commissioner of Income Tax (E), Jaipur. 3. The CIT(A). 4. The CIT, 5. The DR, ITAT, Jaipur 6. Guard File (ITA No. 988/JP/2016)
vkns'kkuqlkj@ By order,
सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत
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