M/S. SAKUNTALA DEVI FOUNDATION FOR CANCER RESEARCH & TREATMENT (SDFCRT),KHURDA vs. CIT(EXEMPTION), HYDERABAD

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ITA 317/CTK/2015Status: DisposedITAT Cuttack26 October 20175 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the CIT(Exemption) should not examine the trust's activities at the stage of granting registration, but only the genuineness of the objects. Since no material was presented to show the objects were not charitable, the refusal was unjustified.

What were the facts?

The assessee applied for registration under Section 12AA of the Income Tax Act. The CIT(Exemption) refused registration, citing that the trust's objects were not verifiable due to broad powers granted to trustees to add new objects in the future.

What were the issues?

Whether the CIT(Exemption) was justified in refusing registration under Section 12AA based on the potential for future changes to the trust's objects, rather than the current genuineness of the stated objects.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK

Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE&

For Appellant: Shri Gouri Mohan Rath, AR
For Respondent: Shri Kunal Singh, CIT DR
Hearing: 24/10

1 ITA No. 317/CTK/2015

IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK

BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER

ITA No. 317/CTK/2015

M/s. Sakuntala Devi Foundation Vs. CIT (Exemption), Camp for Cancer Research & Office, Bhubaneswar. Treatment, Ramachandrapur Bazar, Thana Chawk, PO: Jatni, Khurda-752050 PAN/GIR No.AANTS 1300 A (Appellant) .. ( Respondent)

Assessee by : Shri Gouri Mohan Rath, AR Revenue by : Shri Kunal Singh, CIT DR

Date of Hearing : 24/10/ 2017 Date of Pronouncement : /10/ 2017

O R D E R Per N.S.Saini, AM This is an appeal filed by the assessee against the order of the CIT

(Exemption), Hyderabad, dated 27.4.2015.

2.

The sole grievance of the assessee in this appeal is that the CIT

(Exemption), Hyderabad erred in refusing to grant registration u/s.12AA

of the Act.

3.

The brief facts of the case are that the assessee filed application in

Form No.10A on 29.10.2014 before the Commissioner of Income Tax,

Bhubaneswar for grant of registration u/s.12AA of the Act. The

CIT(Exemption) refused to grant registration to the assessee by observing

as under:

2 ITA No. 317/CTK/2015

“Such submission of the said trustees is not satisfactory and hence not acceptable. As per object clause (c), the trustees are empowered to carry on any activity falling under advancement of any object of general public utility. Further, as per the said object clause (f), the trustees are empowered to add such other objects i.e. new objects in future, as may be necessary i.e. as may be decided by them. Thus, the trustees are empowered to carry on new objectives at their direction in future. Under these circumstances, thus having regard to such object clauses mentioned in the trust deed, it may be noticed that the entire objects in the case of the applicant trust are not verifiable. In other words the entire objects in the case of the assessee trust are not amenable to verification. Thus having regard to the provisions contained in Sec. 12AA(1)(b) read with clause (i) & (ii) thereunder, and as in the instant case, I am not satisfied about the objects in the case of the applicant trust, it cannot be granted registration u/s.12AA of the Act. For the reasons stated above, thus the applicant trust cannot be granted registration u/s.12AA of the Act. Hence, registration sought u/s.12AA of the Act, is refused to the above trust. Thus, the said application in Form No.10A filed by the applicant is rejected.” 4. Before us, ld A.R. of the assessee filed copy of the order of this

Bench of the Tribunal dated 26.4.2017 passed in ITA No.442/CTK/2015 in

the case of Centre for the Sustainable Use of Natural and Social

Resources (CSNR) VS. CIT (Exemption), Hyderabad and submitted that

the Tribunal in that case observed that…-

7…... “when we peruse the impugned order passed by the CIT in entirety, it leads to the conclusion that the CIT has not disputed charitable nature of the society except object clause 3.1 and 3.2. In case, any object clause is not of charitable nature and is detrimental to the other charitable activities being performed by the trust either registration can be withdrawn or expenses to that extent can be disallowed by the AO. Furthermore, in case no activities are reported during the F.Y. 2012-13 as mentioned by CIT, it cannot debar the assessee trust to get registration u/s.12A of the Act because mere registration does not provide licence to the trust to claim exemption of expenses without carrying out any activity.

3 ITA No. 317/CTK/2015

8.

So, in view of what has been discussed above, we hereby allow the appeal filed by the assessee, hence, impugned order passed by CIT is set aside and CIT is directed to grant registration u/s.12A of the Act.” 5. Hence, ld A.R. prayed that the facts in the case of the assessee are

identical to the facts which were in the case of Centre for the Sustainable

Use of Natural and Social Resources (CSNR)(supra) and, therefore, the

CIT (Exemption) should be directed to grant registration.

6.

Ld D.R. on the other hand fully justified the action of the

CIT(Exemption).

7.

After considering the rival submissions and perusing the materials

available on record, we find that the CIT(Exemption) in the instant case

refused to grant registration u/s.12AA of the Act to the assessee trust as

according to him, as per object clause (c) the trustees are empowered to

carry on any activity falling under advancement of any object of general

public utility and that as per object clause (f), the trustees are

empowered to add such other objects i.e. new objects in future, as may

be necessary i.e. as may be decided by them. The trustees are

empowered to carry on new objectives at their discretion in future.

Therefore, the entire objects in the case of the assessee trust are not

verifiable. In our considered opinion, while considering the application for

grant of registration u/s.12AA of the Act, the CIT (Exemption) is not

required to look into the activities, where such activities have not or are

in the process of its initiation. At this stage, only the genuineness of the

objects have to be tested and not the activities unless such activities have

4 ITA No. 317/CTK/2015

commenced. Compliance of the provisions of section 11,12 & 13 has to

be examined by the Assessing Officer at the time of doing the

assessment. If he finds any violation of the same, he can deny

exemption to the assessee.fs The CIT (E) after examining the objects of

the trust have not brought any material to show that the objects of the

trust are not charitable or are not genuine. Therefore, in our considered

view, the CIT (Exemption) was not justified in refusing to grant

registration u/s.12AA of the Act to the assessee trust. Hence, we set

aside the order of the CIT(Exemption) and direct him to grant registration

u/s.12AA of the Act to the assessee trust from the date of application and

allow the appeal of the assessee.

8.

In the result, appeal of the assessee is allowed. Order pronounced in the open court on 26 /10/2017. Sd/- sd/- (Pavan Kumar Gadale) (N.S Saini) JUDICIALMEMBER ACCOUNTANT MEMBER Cuttack; Dated 26 /10/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : M/s. Sakuntala Devi Foundation for Cancer Research & Treatment, Ramachandrapur Bazar, Thana Chawk, PO: Jatni, Khurda-752050 2. The Respondent. CIT (Exemption), Camp Office, Bhubaneswar 3. The CIT(A)- 4. Pr.CIT- 5. DR, ITAT, Cuttack 6. Guard file. BY ORDER, //True Copy//

SR.PRIVATE SECRETARY ITAT, Cuttack

5 ITA No. 317/CTK/2015

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