2021 (12) TMI 393 - AT - Income Tax

Trust's Appeal Against Rejection for Section 80G Approval - Errors in Reasoning

Hiranyagarbh Versus CIT (Exemption) TC-46V, UP Construction & Infrastructure Development Corporation

The appeal was filed against the rejection of a trust's application for approval under section 80G (5) of the Act for the assessment year 2018-19. The ... Approval u/s 80G (5) rejected - registration u/s 12AA already granted - as submitted that the order of rejecting Section 80G benefit by the CIT(Exemption) seem to be generic in nature as no verification of documents as well as the grant of Section 12AA Registration was not taken into consideration by the CIT(Exemption) - Whether CIT (Exemption) has confused an application for exemption u/s 80G with that for registration u/s 12AA and altogether ignored that registration u/s 12AA has been already granted to the trust? - HELD THAT:- The assessee/applicant is a trust constituted under trust deed dated 30/5/2015 and has obtain Registration u/s 12AA w.e.f 1/4/2016 vide order dated 23/2/2017. At the time of grant of Registration u/s 12AA, the assessee has given details about the purpose and object of the applicant trust which was related to the religious purposes and not for any other business purpose. CIT(Exemption) has totally ignored the fact that the purpose was not at all change from the charitable purpose to any commercial purpose. In-fact, there is no proper reason given by the CIT(Exemption) while rejecting the prerequisite for approval u/s 80G. Therefore, we are directing the CIT(Exemption) after verifying all the documents as per the pre-required conditions of grant of Section 80G benefits and thereafter grant the benefit of Section 80G as per the law - assessee be given opportunity of hearing by following principles of natural justice. The appeal of the assessee is partly allowed for statistical purpose. Issues:1. Rejection of application seeking approval under section 80G (5) of the Act2. Confusion between application for exemption u/s 80G and registration u/s 12AA3. Rejection of application for alleged want of photographic evidence and vouchers4. Findings about charitable activities being non-charitable5. Allegation of only engaging in non-charitable and commercial activities6. Failure to carry out charitable activities despite having time and fundsAnalysis:1. The appeal was filed against the order by the Income Tax Department rejecting the trust's application for approval under section 80G (5) of the Act for the assessment year 2018-19. The grounds of appeal included errors in factual and legal reasoning by the CIT (Exemption) in rejecting the application without properly considering the material on record.2. The appellant trust argued that the CIT (Exemption) confused the application for exemption under section 80G with that for registration under section 12AA, despite the trust already being granted registration under section 12AA. The order was criticized for lacking logical reasoning and proper appreciation of the facts.3. The rejection of the application was based on the alleged absence of photographic evidence and vouchers of charitable activities. However, the trust contended that such evidence was duly submitted along with a detailed reply to the CIT (Exemption), challenging the basis of rejection.4. The CIT (Exemption) was accused of making findings contrary to the actual charitable nature of the trust's activities, despite evidence to the contrary. The trust had been granted registration under section 12AA based on its charitable activities, and the subsequent rejection under section 80G was deemed inconsistent.5. The CIT (Exemption) was criticized for stating that the trust was engaged in non-charitable and commercial activities, contrary to the trust's claims and the proofs submitted. The trust maintained that all its activities were purely charitable, aligned with its approved objectives for registration under section 12AA.6. The CIT (Exemption) alleged that the trust failed to carry out substantial charitable activities despite having sufficient time and funds. The trust refuted this claim, citing audited financial statements and previous tax returns to demonstrate the utilization of donations for charitable purposes. The tribunal directed the CIT (Exemption) to verify all documents and grant the benefit of section 80G after due consideration and adherence to principles of natural justice.