2013 (6) TMI 848 - AT - Income Tax

Tribunal rules for trust in 12AA registration appeal, citing lack of dissolution clause and specific caste restriction.

The Tribunal ruled in favor of the assessee trust in an appeal against the DIT(E) order refusing registration under Section 12AA. The Tribunal found in ... - Issues involved: Appeal against DIT(E) order refusing registration u/s 12AA of the Act for the assessee trust.Issue 1: Dissolution clause in trust deedThe assessee appealed against the refusal of registration under Section 12AA due to the absence of a dissolution clause in the trust deed. The AR argued citing a decision of the Ahmedabad Tribunal in a similar case, which favored the assessee. The Tribunal found in favor of the assessee based on the precedent cited, thereby deciding this issue in favor of the assessee.Issue 2: Commencement of charitable activitiesAnother ground for refusal of registration was the alleged failure to start charitable activities by the assessee trust. The AR referenced a judgment of the Hon'ble Gujarat High Court supporting the assessee's position that lack of commenced activities does not invalidate the trust's genuineness. The Tribunal, after considering the arguments, rejected the objection raised by the DIT(E) and ruled in favor of the assessee based on the legal precedent cited.Issue 3: Trust meant for specific casteThe DIT(E) refused registration on the basis that the trust was intended for a specific caste, which was deemed impermissible under the Income Tax Act. The counsel for the assessee cited decisions from the Ahmedabad Tribunal in support of the trust's position. The D.R. requested the issue to be sent back to the DIT(E) for a fresh decision considering the legal and factual aspects. The Tribunal, in the interest of justice, directed the issue to be reconsidered by the DIT(E) in light of the cited decisions and the case's specifics, providing the assessee with a fair hearing opportunity. Consequently, the appeal of the assessee was allowed for statistical purposes.