Assessee-trust applied for registration under section 12AB. Commissioner (E) denied registration, on ground that trust’s objectives primarily benefitted a specific religious community, Muslims. By invoking section 13(1)(b), Commissioner denied registration under section 12A. Tribunal held that provisions of section 13(1)(b) would apply only at time of grant of exemption under section 11, and not at time of grant of registration under section 12A. Since majority of objects of assessee-trust was found to be not catering to a particular community and there was no finding of assessee actually catering for benefit of a particular community, there was no case for invoking section 13(1) (b). Therefore, denial of registration was to be overturned, and Commissioner (E) was to be directed to grant registration under section 12A to assessee-trust. (AY. 2022-23)
Jamiatul Banaat Tankaria. v. CIT (2024) 205 ITD 673 (Ahd)(Trib.)
S. 12AB : Procedure for fresh registration-Charitable or religious trust-Objects of assessee-trust were primarily charitable rather than favouring any specific religious community, CIT(E) was not justified in denying registration under section 12A, by invoking section 13(1)(b) as said provisions would be attracted only at time of assessment and not at time of grant of registration.[S. 11, 12A, 13(1)(b)]
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