2017 (3) TMI 1640 - AT - Income Tax

Assessee Trust Wins Appeal for Registration Without Trust Deed

The ITAT Ahmedabad allowed the appeal of the assessee trust, overturning the rejection of the application for registration u/s 12AA due to the absence of ... Rejecting application for registration u/s 12AA - proof of charitable purposes - object of trust - registration certificate of Gujarat State Wakf Board - Held that:- We noticed that the assessee trust is based on religious tenets under the Quran and according to the religious faith of Islam. Further we noticed that assessee trust has been reristered with the Gujarat State Wakf Board as per Bombay Public Trust Act, 1950. As per the object of the Wafk surplus income after meeting the administrative expensesand repair work of wakf assests would be used for all the purposes(Religious or charitable). We have noticed that The Wakf Act, 1950, applicable for all over Gujarat State and as per the provision of this act Gujarat state Wakf Board has registered the assessee trust since 1992. As gone through the registration detail mentioned under the particulars as wakf name and address, Shiya and Sunni, Mutvalli/Manager’s name and address, Objects of the Waqf, how to appoint manager and address of Wakf etc.. The above mentioned information and documents indicate the existence of trust as per the registration certificate of Gujarat State Wakf Board which certify the object of the trust, appointment of managers etc. as elaborated above in this order, therefore, we considered that looking to the nature of trust no separate trust deed is required. In view of above mentioned facts and legal findings, we do not justify the decision of DIT(E) to reject the application of the assessee trust u/s. 12AA of the act therefore, the appeal of the assessee is allowed. Issues Involved:- Rejection of application for registration u/s 12AA of the Income Tax Act, 1961 due to absence of trust deed- Requirement of specific clauses in the trust deed regarding revocability, beneficiaries, and dissolution- Disagreement on the genuineness of trust activities and objects- Appeal against the rejection before the ITAT Ahmedabad- Interpretation of the trust's nature based on religious tenets and registration with the Gujarat State Wakf Board- Consideration of whether a separate trust deed is necessary for the trust's registrationAnalysis:1. Rejection of Application: The initial rejection of the application for registration u/s 12AA was based on the absence of a trust deed, which is a mandatory requirement for establishing the trust's objects and activities. The DIT(E) emphasized the importance of having a written instrument to verify the trust's original objects and potential changes in the future, as well as to determine the trust's beneficiaries and assets upon dissolution.2. Specific Clauses in Trust Deed: The DIT(E) requested specific clauses in the trust deed regarding revocability, non-discrimination among beneficiaries, and a proper dissolution clause. The absence of these clauses raised concerns about the trust's transparency and compliance with the legal provisions for registration under section 12AA.3. Disagreement on Genuineness of Activities: The DIT(E) expressed doubts about the genuineness of the trust's activities, especially considering the lack of a trust deed and the inability to verify the trust's objects and activities over a significant period. This lack of verifiable information led to the rejection of the application.4. Appeal Before ITAT: The assessee trust appealed the rejection before the ITAT Ahmedabad, seeking a fresh adjudication and presenting additional documents to support its case, including references to similar cases and legal precedents.5. Interpretation of Trust's Nature: The ITAT Ahmedabad analyzed the trust's nature based on its religious tenets under the Quran and its registration with the Gujarat State Wakf Board. The trust's compliance with the Bombay Public Trust Act, 1950, and its registration details with the Wakf Board were crucial in determining the trust's legitimacy and objectives.6. Necessity of Separate Trust Deed: The ITAT concluded that, considering the trust's registration with the Gujarat State Wakf Board, the nature of the trust, and the provided documentation, a separate trust deed may not be necessary for the trust's registration under section 12AA. The ITAT disagreed with the DIT(E)'s decision and allowed the appeal of the assessee trust based on the trust's existing registration details and legal findings.In conclusion, the ITAT Ahmedabad allowed the appeal of the assessee trust, overturning the rejection of the application for registration u/s 12AA due to the absence of a trust deed. The judgment emphasized the trust's registration with the Gujarat State Wakf Board and the compliance with the relevant legal provisions as sufficient grounds for granting registration without the need for a separate trust deed.