Charitable registration cancellation requires proven non-genuine activities, not procedural lapses or education-related surplus; registration was restored.
Cancellation of charitable registration under Section 12AB(4) requires cogent material proving a specified violation, namely non-genuine activities or departure from charitable objects. Assessment-related verification issues, procedural deficiencies, unregistered lease documentation, incidental receipts, unsupported expenditure, family management without prohibited benefit, and recorded donations do not alone meet that threshold. Educational surplus does not negate charitable status where education remains the predominant object and surplus is retained and applied for infrastructure and charitable purposes. Cancellation was therefore invalid and registration was restored. As rejection of Form No. 10AB rested solely on cancellation, that rejection could not survive and appropriate registration was required to be granted.
Issues: (i) Whether cancellation of charitable registration under Section 12AB(4) of the Income-tax Act, 1961 was valid on the alleged procedural irregularities, incidental receipts, inadequately supported expenditure, investment, donation and generation of surplus; (ii) Whether rejection of the Form No. 10AB application consequential upon cancellation of registration could survive after restoration of registration.
Issue (i): Whether cancellation of charitable registration under Section 12AB(4) of the Income-tax Act, 1961 was valid on the alleged procedural irregularities, incidental receipts, inadequately supported expenditure, investment, donation and generation of surplus.
Analysis: Section 12AB(4) permits cancellation only on cogent material establishing a specified violation, including that activities are not genuine or are not carried out according to charitable objects. Matters concerning verification of expenditure, supporting documents, application of income and computation ordinarily fall for assessment and do not, without more, establish that the institution has ceased pursuing charitable purposes.
Analysis: Non-registration of a lease document, absent any finding of excessive rent, undue benefit or impact on charitable activities, was a collateral matter and did not establish a specified violation. Receipts from permitting examinations and mobile towers were incidental to the continuing educational activity. Documentary deficiencies concerning expenditure, a recorded donation and other payments did not demonstrate diversion of funds or non-genuine activities. Family management, without prohibited benefit to specified persons, was likewise insufficient.
Analysis: Generation of surplus by an educational institution does not negate its charitable character where the predominant object remains education and the surplus is retained and applied towards educational infrastructure and objects. No material showed excessive fees, discontinuance of educational activity, commercial predominance, distribution of profits or private enrichment. The distinct test applicable to approval under Section 10(23C)(vi) could not substitute the statutory enquiry into specified violations under Section 12AB(4).
Conclusion: The alleged circumstances did not establish any specified violation, non-genuine activity or departure from charitable objects. Cancellation of registration was invalid and the registration stood restored, in favour of the assessee.
Issue (ii): Whether rejection of the Form No. 10AB application consequential upon cancellation of registration could survive after restoration of registration.
Analysis: The stated basis for treating the application as not maintainable was the cancellation of the existing registration. Restoration of that registration removed the sole basis of the consequential rejection.
Conclusion: The consequential rejection could not survive, and appropriate registration was required to be granted on the application, in favour of the assessee.
Final Conclusion: Cancellation jurisdiction is confined to established specified violations affecting the genuine pursuit of charitable objects and cannot be founded merely on assessment-related verification issues, procedural lapses or surplus generated and applied for educational purposes.
Ratio Decidendi: Registration under Section 12AB(4) may be cancelled only upon proved specified violations demonstrating non-genuine activities or departure from charitable objects, not on collateral irregularities or surplus that is applied to the institution's educational purposes.