Section 12AB registration: genuine charitable activities preclude prospective compliance conditions, while Section 80G approval requires reconsideration.
Section 12AB registration rejected for alleged non-submission of information requires a proper opportunity to furnish the material, particularly where charitable character and registration history are established. Subsequent registration may operate from the date of the original application. Once charitable objects and genuine activities are accepted, registration should not be made conditional on prospective compliance measures concerning commercial receipts or updating of returns; any cancellation must follow the prescribed legal process. Approval under section 80G requires fresh consideration on relevant material and after a proper hearing where section 12AB registration has been directed from the original application date.
Issues: (i) Whether rejection of the initial application for registration under section 12AB for alleged non-submission of information was justified and whether the subsequently granted registration should operate from the date of that initial application; (ii) Whether registration under section 12AB could be made subject to a condition concerning commercial receipts from sale of teaching-learning material and updating of returns; (iii) Whether rejection of approval under section 80G was sustainable.
Issue (i): Whether rejection of the initial application for registration under section 12AB for alleged non-submission of information was justified and whether the subsequently granted registration should operate from the date of that initial application.
Analysis: The assessee had existed since 1982, had earlier obtained registration, and its charitable character had been upheld in prior appellate proceedings. In these circumstances, rejection of the initial application without proper opportunity to furnish the required material was not justified, particularly when fresh registration was subsequently granted.
Conclusion: The initial rejection was unsustainable, and the registration was directed to take effect from 23.09.2025, the date of the initial application, in favour of the assessee.
Issue (ii): Whether registration under section 12AB could be made subject to a condition concerning commercial receipts from sale of teaching-learning material and updating of returns.
Analysis: Registration had been granted after satisfaction regarding the objects and activities, and no material established that the activities were contrary to the stated objects. A condition making continued registration dependent on subsequent return updating, based on the stated commercial-receipt concern, was inconsistent with the finding of genuine charitable objects and activities. Any cancellation of registration must follow due process of law.
Conclusion: The condition attached to registration, particularly the condition concerning commercial receipts and return updating, was unjustified; registration was directed to be granted without conditions, in favour of the assessee.
Issue (iii): Whether rejection of approval under section 80G was sustainable.
Analysis: In view of the direction for registration under section 12AB and the prior grant of section 80G approval, the application required reconsideration on the relevant material after providing a proper opportunity of hearing.
Conclusion: The section 80G application was restored for fresh consideration and grant in accordance with law.
Final Conclusion: Registration under section 12AB must operate from the original application date and remain unconditional, while eligibility for approval under section 80G requires fresh determination on the material placed before the competent authority.
Ratio Decidendi: Once genuine charitable objects and activities are accepted, registration cannot be burdened with conditions imposing prospective compliance requirements; any cancellation must be undertaken only through the prescribed legal process.