2013 (12) TMI 1547 - AT - Income Tax

Registration u/s.12AA denied - Held that - The assessee did not furnish the trust-deed/memorandum of article/memorandum of association whereby the objects and notifications can be ascertained. On the contrary the contention of the ld.counsel for the assessee is that the trust is registered under Gujarat Private University Act and as per the Gujarat Government Gazette dated 11/04/2012 it is mentioned the trust registration No.5539 dated 01/08/1996. After hearing the rival submissions and the documents filed by the assessee during the course of hearing it would be appropriate if the matter is restored back to the file of ld.DIT(E) for fresh decision. The order of ld.DIT(E) is hereby set aside and the appeal is restored back to the file of DIT(E) for fresh decision. The DIT(E) is directed to consider the documents as filed by the assessee i.e. deed of trust and decide this issue in the light of various case-laws relied upon by the ld.counsel for the assessee. The assessee shall furnish all the required details in support of its contention before the ld.DIT(E). Thus grounds of assessee s appeal are allowed for statistical purposes only.

Summary

Issues:
1. Rejection of registration under section 12AA of the Income Tax Act, 1961.
2. Requirement of trust deed or Memorandum of Article for registration.
3. Compliance with the provisions of Rule 17A of the Income Tax Rules 1962.
4. Consideration of documents and case laws for registration.

Analysis:

Issue 1:
The appeal was against the rejection of registration under section 12AA of the Income Tax Act, 1961 by the Ld. Director of Income Tax (Exemptions), Ahmedabad. The assessee contended that the rejection was unjustified as they were registered under the Gujarat Private University Act, 2009. The appeal was made to grant registration under section 12AA.

Issue 2:
The dispute revolved around the requirement of a trust deed or Memorandum of Article for registration. The ld.DIT(E) rejected the application citing the lack of these documents to ascertain the Objects and Notifications. However, the assessee argued that as per the Gujarat Private University Act, no separate trust deed was needed, and they provided the deed of declaration of the trust for verification.

Issue 3:
The compliance with Rule 17A of the Income Tax Rules 1962 was a crucial aspect. The assessee emphasized that the institution, Rai University, was established under the Gujarat Private Universities Act, 2009, and hence, no separate instrument for creation was necessary. They relied on relevant case laws to support their argument.

Issue 4:
After considering the rival submissions and documents, the Tribunal set aside the order of ld.DIT(E) and directed a fresh decision. The Tribunal instructed the DIT(E) to review the documents provided by the assessee, including the deed of trust, and consider the case laws cited by the assessee. The assessee was directed to furnish all necessary details for a reevaluation.

In conclusion, the appeal was allowed for statistical purposes, and the matter was remanded back to the DIT(E) for a fresh decision based on the documents and arguments presented by the assessee.