2013 (5) TMI 782 - AT - Income Tax

Trust's Charitable Status Appeal Denied for Focusing on Medical Practice Over Charitable Activities

The Tribunal upheld the rejection of a trust's application for registration as a charitable trust under section 12AA of the Act. Despite the trust's ... Rejection of application u/s 12AA - Held that:- The definition in section 2(15) is an inclusive one. The object of the assessee does not fall in any one of the clauses mentioned in section 2(15) of the Act. Even in respect of the academic and research activity in environmental and nutritional medicine is only for the purpose of promoting nutritional medicine and not for the purpose of preservation of environment. The object of the trust is only to provide services to medical professionals, who are practising in nutritional medicines. The research and other activities of the assessee-trust may promote the sale of nutritional medicine in this country. Therefore, this Tribunal is of the considered opinion that the assessee is not established for the purpose of charitable purpose but for the purpose of promoting sale of nutritional medicine and promotion of medical practice in nutritional medicine. Therefore, this Tribunal is of the considered opinion that the assessee cannot be considered to be a charitable institution and is not entitled to registration under section 12AA of the Act. - No infirmity in order of lower authority - Decided against assessee. Issues:- Appeal against rejection of application under section 12AA of the Act for registration as a charitable trust.Analysis:1. The appellant, a trust established for general public utility, appealed against the rejection of its application under section 12AA of the Act by the Administrative Commissioner.2. The appellant's representative argued that the trust aimed to promote nutrition dietetics, academic and research activities in environmental and nutritional medicines, and organize seminars for public welfare, justifying its eligibility for registration.3. The Departmental representative contended that the trust, established by a medical professional, did not engage in charitable activities, but rather provided services to medical professionals, leading to the rejection of the registration application.4. Upon reviewing the trust deed, the Tribunal noted the objectives of the trust, focusing on promoting nutritional medicine, research on nutrition and dietetics, preventive health, and identifying environmental factors causing health hazards, among others.5. Articles 1 and 3 of the trust highlighted its purpose as an association of practitioners promoting nutritional medicine in India, with funds dedicated to furthering nutritional medicine and related activities.6. The Tribunal referred to the definition of charitable purpose under section 2(15) of the Act, emphasizing relief of the poor, education, medical relief, and preservation of environment as qualifying activities, excluding activities involving trade or business.7. Considering the trust's objectives and activities, the Tribunal concluded that the trust primarily aimed at promoting nutritional medicine and medical practice, potentially leading to the sale of nutritional medicine, rather than engaging in charitable activities as defined by the Act.8. Consequently, the Tribunal upheld the lower authority's decision, finding no fault in rejecting the registration application, as the trust did not align with the criteria for charitable institutions under section 12AA of the Act.9. As a result, the appeal of the assessee was dismissed, affirming the decision of the lower authority, and the order was pronounced on May 29, 2013.