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The Income Tax Appellate Tribunal (ITAT) held that the provisions of Section 13(1)(b) of the Income Tax Act can be invoked at the time of assessment, based on the material brought on record. However, registration u/s 12A cannot be denied to a trust by invoking Section 13(1)(b) at the time of granting registration. The Commissioner of Income Tax (Exemptions) had denied registration u/s 12A to a trust due to one objective benefiting only the Jain community, invoking Section 13(1)(b), but overlooked the broader charitable objectives. The ITAT remanded the matter to the CIT (Exemptions) for reconsideration, directing not to disentitle the trust for registration solely on the grounds mentioned in the order rejecting the application.
The Income Tax Appellate Tribunal (ITAT) held that the provisions of Section 13(1)(b) of the Income Tax Act can be invoked at the time of assessment, based on the material brought on record. However, registration u/s 12A cannot be denied to a trust by invoking Section 13(1)(b) at the time of granting registration. The Commissioner of Income Tax (Exemptions) had denied registration u/s 12A to a trust due to one objective benefiting only the Jain community, invoking Section 13(1)(b), but overlooked the broader charitable objectives. The ITAT remanded the matter to the CIT (Exemptions) for reconsideration, directing not to disentitle the trust for registration solely on the grounds mentioned in the order rejecting the application.
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