2014 (10) TMI 705 - HC - Income Tax

Grant of registration u/s 12AA - Objects of the trust deed was never amended - Whether the Tribunal was justified in upholding the order of CIT granting registration u/s 12AA from the date of amendment of trust deed Held that - The registration was initially declined on the ground that CCIT was not satisfied in regard to genuineness of the objects of the trust and since the assessee was not able to establish that the trust was indeed carrying on an activity for the benefit of the general public - Subsequently a supplementary trust deed was executed on 20 April 2013 - It was in view of the execution of the deed on 20 April 2013 that the Tribunal while acceding to the submission of the assessee remanded the proceedings back - The CIT on remand has correctly granted registration w.e.f. 01 April 2013 upon being duly satisfied that the registration should be granted u/s 12AA of the Act after the necessary amendments were carried out thus no substantial question of law arises for consideration Decided against assessee.

Summary

Issues:
1. Registration under Section 12AA of the Income Tax Act.
2. Grant of registration from the date of amendment of trust deed.
3. Justification of the Income Tax Appellate Tribunal's decision.
4. Examination of trust deed clauses and amendments.
5. Satisfaction of genuineness of trust objectives for the benefit of the general public.

Analysis:
The case involves an appeal under Section 260A of the Income Tax Act arising from an order of the Income Tax Appellate Tribunal dated 30 April 2014. The primary issue revolves around the grant of registration under Section 12AA of the Act. Initially, the application for registration was rejected by the Chief Commissioner citing various reasons, including concerns about the genuineness of the trust's objectives and activities. The Chief Commissioner highlighted violations such as closely held family trust structure, funds given on loan, misstatements in income tax return, contraventions of cash receipts, and misuse of funds designated for public utility purposes.

A crucial aspect of the case was the subsequent execution of a supplementary deed of trust on 20 April 2013, introducing three additional trustees and amending certain clauses of the trust deed. The Tribunal, upon reviewing the amended trust deed, remanded the matter back to the Chief Commissioner for a fresh decision. The Tribunal emphasized the importance of verifying the amended clauses and details before making a final determination. Subsequently, the Commissioner of Income Tax-II, Agra, granted registration from 01 April 2013, after being satisfied with the trust's engagement in imparting education.

The main contention raised by the appellant was the request for registration from the establishment year of 2009-10. However, the Court found no merit in this argument. The Court emphasized that the registration was initially declined due to concerns about the trust's objectives and activities. The subsequent amendment of the trust deed in 2013 addressed these concerns, leading to the Tribunal's decision to remand the matter. Ultimately, the Court upheld the decision to grant registration from 01 April 2013, post the necessary amendments to the trust deed, as per Section 12AA of the Act.

In conclusion, the Court dismissed the appeal, stating that it did not raise any substantial question of law. The decision to grant registration from 01 April 2013 was deemed appropriate, considering the amendments made to the trust deed to align with the requirements of Section 12AA.