Trust Created For Managing The Statutory Obligations Of Employees Of The Parent Trust: ITAT Grants Section 12AA Registration
Mariya Paliwala
4 Jun 2023 6:51 AM GMT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that any trust that has been created for the purpose of managing the statutory obligations of employees of the parent trust would certainly fall within the ambit of advancement of general public utility and, hence, be considered a charitable activity as defined under Section 2(15) of the Income Tax Act.The bench of C.M....
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that any trust that has been created for the purpose of managing the statutory obligations of employees of the parent trust would certainly fall within the ambit of advancement of general public utility and, hence, be considered a charitable activity as defined under Section 2(15) of the Income Tax Act.
The bench of C.M. Garg (Judicial Member) and M. Balaganesh (Accountant Member) has granted the registration under Section 12AA on the grounds that the assessee’s activity falls squarely within the object of ‘advancement of general public utility’.
The International Center for Research on Women (ICRW) is a non-profit organization. It was established with the objective of promoting social and economic development with women’s full participation and is incorporated as a company registered under Section 25 of the Companies Act, 1956.
The provisions of the Payment of Gratuity Act, 1972, are applicable in the case of ICRW, and, therefore, to protect the financial interests of its employees, ICRW set up a trust, namely, the ICRW Group Group Gratuity Trust, i.e., the assessee.
The new trust applied online for registration under Section 12AA of the Act in the prescribed form No. 10A before the CIT (E). The assessee filed a trust deed and other documents as required by the CIT (E). After examination, the CIT (E) observed that the trust’s aims and objectives were only for the workers and employees of the ICRW and did not appear to be for general charitable purposes and, accordingly, rejected the application seeking registration under 12AA.
The assessee contended that activity falls squarely within the object of ‘advancement of general public utility’ as defined in Section 2(15).
The tribunal held that the assessee’s case does not fall within the ambit of the proviso to Section 2(15) of the Income Tax Act, which provides a restriction if the charitable purpose is not for the advancement of general public utility.
Case Title: ICRW Group Gratuity Trust Versus ICLEI South Asia Group Gratuity Trust
Case No.: ITA No.1201/Del/2022
Date: 01.06.2023
Counsel For Appellant: Anand Chaudhuri
Counsel For Respondent: Mohd. Gayasuddin Ansari
