Domestic scholarship payments for overseas study remain charitable activity, supporting trust registration and donor-benefit approval.
Scholarships paid in India in Indian currency to Indian students pursuing education abroad constitute domestic application of income and remain within charitable educational objects; students' later use of funds abroad does not make the payment an overseas application. Registration under section 12AB and consequential approval under section 80G depend on charitable objects, genuineness of activities, and legally material compliance. Alleged misapplication of income or benefits to specified persons concern exemption computation in assessment proceedings, not the registration inquiry. Where activities are genuine and objects charitable, those allegations do not justify refusal, and registration with consequential approval should be granted.
Issues: (i) Whether scholarships remitted in India in Indian currency to Indian students pursuing education abroad constitute an application of income outside India or activity beyond the trust's charitable objects? (ii) Whether the CIT(E) may deny registration under section 12AB and approval under section 80G by examining alleged violations of sections 11(1)(c) and 13(1)(c)?
Issue (i): Whether scholarships remitted in India in Indian currency to Indian students pursuing education abroad constitute an application of income outside India or activity beyond the trust's charitable objects?
Analysis: Section 11(1)(c) concerns income applied for purposes outside India. The scholarships were paid through Indian banks in Indian currency to Indian students, with no payment remitted to a foreign university or institution. A student's subsequent use of the scholarship for education abroad does not convert the domestic disbursement into an overseas application of income. The educational scholarships fell within the stated charitable objects, had been accepted under earlier registrations, and no material showed that the activity was non-genuine or outside those objects.
Conclusion: Scholarships paid in India to Indian students for overseas education do not violate section 11(1)(c) and remain charitable educational activity within the trust's objects. The issue is decided in favour of the assessee.
Issue (ii): Whether the CIT(E) may deny registration under section 12AB and approval under section 80G by examining alleged violations of sections 11(1)(c) and 13(1)(c)?
Analysis: The inquiry at the registration stage is confined to the charitable objects, genuineness of activities, and compliance with laws material to achieving those objects. Questions concerning application or alleged misapplication of income, including benefits to specified persons under section 13(1)(c), concern computation of exemption and are to be examined in assessment proceedings. No material established that the trust's activities were non-genuine or that its objects were non-charitable. The prior grant of registration on the same objects and activities also supported continuity.
Conclusion: Alleged violations of sections 11(1)(c) and 13(1)(c) cannot be used at the registration stage to deny registration under section 12AB or consequential approval under section 80G. The issue is decided in favour of the assessee.
Final Conclusion: The refusal of charitable registration and consequential donor-benefit approval was unsustainable; registration and consequential approval are required to be granted.
Ratio Decidendi: At the registration stage, the authority's inquiry is confined to the charitable objects and genuineness of activities; domestic scholarship payments to Indian students do not become an application of income outside India merely because the students pursue education abroad.