2015 (3) TMI 1366 - AT - Income Tax

Tribunal overturns order denying registration under Tax Act, citing non-commercial nature, directs detailed review.

The Tribunal set aside the order rejecting the application for registration under section 12AA of the Income Tax Act, emphasizing the lack of profit ... Application u/s 12AA rejected - proof of charitable activity u/s 2(15) - HELD THAT:- It is admitted fact that the receipts of the assessee society are from government departments, sale of tender forms and facilitation charges. The assessee is, therefore, working for the Government of Punjab and as such may not be doing the commercial activity in order to violate the provisions of Section 2(15) of the Act. CIT, at the end of the impugned order noted that since the assessee could not furnish the explanation, therefore, application of the assessee was rejected. The assessee, however, submitted that complete details were filed, therefore there was no justification to reject the application for registration. We are of the view the matter requires re-consideration at the level of the ld. CIT(Appeals). We, accordingly, set aside the impugned order and restore the matter and issue to the file of Ld. Commissioner of Income TaxII Chandigarh with direction to re-decide registration application in accordance with law - Decided in favour of assessee for statistical purposes. Issues:Application for registration under section 12AA of the Income Tax Act rejected based on non-charitable activity and non-cooperation of the assessee.Analysis:The appeal was filed against the order rejecting the application for registration under section 12AA of the Income Tax Act. The Assessing Officer reported that the assessee did not furnish any document or reply, leading to a non-cooperative attitude. The Commissioner noted that the assessee society was not engaged in charitable activities but instead was functioning as a backend office for the Punjab Government, generating income from various sources. Consequently, the application was rejected based on these findings.During the hearing, the assessee's counsel argued that there was a deficit in income over the years, indicating a lack of commercial activity. The Income & Expenditure account showed excess expenditure over income, suggesting the absence of profit-making intentions. The assessee primarily received income from government departments and other non-commercial sources, indicating a non-violation of Section 2(15) of the Act. The Commissioner's rejection was based on the assessee's alleged failure to provide explanations, which the counsel disputed by claiming that all necessary details were submitted.The Tribunal concluded that the matter required reconsideration by the Commissioner. The Income & Expenditure account demonstrated a lack of profit motive, and the nature of the assessee's income sources indicated non-commercial activities. Therefore, the Tribunal set aside the impugned order and directed the Commissioner to re-decide the registration application, emphasizing a detailed and fair review process with a reasonable opportunity for the assessee to present their case. The decision was to be made within two months from the receipt of the Tribunal's order, and the appeal was allowed for statistical purposes.In summary, the Tribunal's decision focused on the lack of profit-making intent, non-commercial nature of the activities, and the need for a thorough reconsideration of the registration application by the Commissioner to ensure a fair and just decision-making process.