Assessee charitable trust filed an application for registration under section 12AA. CIT(E) rejected same on ground that assessee-trust was earning profits from a school run by it, thus, character of assessee was commercial per se and giving fee concessions to some of its students would not take away such commercial character. Tribunal held that CIT(E) had not doubted charitable activities of school run by assessee in view of substantial evidences placed on record. Further, if there was complete waiver of fee, how society would run school. Profit-making per se cannot be regarded as detrimental as long as it feeds a charitable purpose of trust. Accordingly refusal to grant of registration under section 12AA to assessee merely because assessee was earning certain profit was not justified, specifically, when same was utilised towards object of trust.
Lord Shiva Educational Welfare Society v. CIT(E) (2021) 92 ITR 419 / 208 DTR 250 / (2022) 194 ITD 159 / 216 TTJ 80 (Amritsar)(Trib.)
S. 12AA : Procedure for registration-Trust or institution-Education-School-Registration cannot be denied merely because assessee was earning certain profit, specifically, when same was utilised towards objects of trust. [S. 2(15), 11]