COMMISSIONER OF INCOME TAX, (EXASMPTION) vs. VIJAY KUMAR BAJORIA FOUNDATION
What did the High Court hold?
The Tribunal found that the CIT(E) had not determined the objects of the trust to be non-charitable and that there was no material to suggest ulterior motives for the donation. The Tribunal distinguished a relied-upon case where the assessee provided no evidence of charitable activities.
What were the facts?
The Commissioner of Income Tax (Exemption) rejected the assessee's application for registration under Section 12AA, stating it was not carrying on charitable activities. The assessee had a corpus fund and had made a donation to a TB Sanitarium.
What were the issues?
Whether the trust's registration under Section 12AA was liable for cancellation due to alleged absence of charitable activities and if exemption under Section 80(G) should be denied.
Which sections of the Income-tax Act were involved?
Section 12AA,Section 80(G)(S)(vi),Section 260A
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- Self Employers Institution v. CIT47 citing247 ITR 18 · 2001 · HC
OD – 1 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITAT/39/2019 COMMISSIONER OF INCOME TAX, (EXEMPTION) KOLKATA Versus VIJAY KUMAR BAJORIA FOUNDATION BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM And THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA Dated : NOVEMBER 22, 2022. Appearance: Ms. Smita Das De, Adv. …for appellant The Court :- This appeal has been filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order passed by the Income Tax Appellate Tribunal “B” Bench, Kolkata (Tribunal) dated 19th April, 2017 in ITA 2293 and 2294/Kol/2016. The appeal was admitted on 1st April, 2019 to decide the following substantial questions of law : A) Whether the impugned order of the tribunal dated 19th April, 2017 is perverse in failing to appreciate and record a finding that the trust in question was not involved in any charitable activities and that its registration was liable to be cancelled under Section 12AA of the Income Tax Act, 1961 ?
2 B) Whether on the facts and in the circumstances of the case, the learned tribunal ought to have upheld the order of the Commissioner of Income Tax (Exemption) canceling the registration of the trust under Section 12AA of the said Act on the ground of absence of charitable activities and also rejecting the exemption claimed by it under Section 80(G)(S)(vi) of the said Act ? We have heard Ms. Smita Das Dey, learned standing Counsel for appellant/revenue. The Commissioner of Income Tax (Exemption), Kolkata [CIT(E)] rejected the application filed by the assessee for registration under Section 12AA of the Act on the ground that the assessee was not carrying on any charitable activity. The correctness of the said finding was tested by the learned Tribunal and on facts it was found that the Trust had a corpus fund of Rs.20,56,600/- and a sum of Rs.19,00,000/- was lying in the fixed deposit with SBI and out of the accumulated interest a sum of Rs.3 lakhs was given as donation to the T.B. Sanitarium at U.P. That apart the learned Tribunal on facts found that the [CIT(E)] has not found objects of the Trust to be not charitable. The settled legal position is that while granting registration to a charitable institutions/Trust if it is at the commencement state the powers of the [CIT(E)] before whom the application is filed is limited to the aspect of examining whether or not the objects of the trust are charitable in nature. Admittedly, in the instant case the [CIT(E)] has not recorded any finding that the object of the Trust are not charitable in nature. That apart there was no material brought on record by the
3 [CIT(E)] that the donations were given with some ulterior motive. The [CIT(E)] had relied upon a decision of the High Court of Kerala in the case of Self Employers’ Service Society Versus Commissioner of Income Tax; 2001, 247 ITR 018 (Kerala). The learned Tribunal on going through the facts of the said case had rightly pointed out that the said decision is clearly distinguishable as in the said case no material was produced by the assessee therein to show that it carried out any charitable activity. The fact situation in the case on hand is entirely different. Thus we are of the view that the learned Tribunal rightly allowed the appeal filed by the assessee. In the result the tax case appeal is dismissed and the substantial questions of law are answered against the revenue. (T.S. SIVAGNANAM, J.)
(HIRANMAY BHATTACHARYYA, J.) Pkd/GH.
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
Recent GST High Court judgments
Search GST case law →- Shri Yaras Suresh Babu Prabhu Kumar vs. The Union Of INDIATelangana · 27 Oct 2026
- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026
- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026