Formation of Trust for Compliance of CSR Requirements not Reason for Denying Registration u/s 12AA of Income Tax Act: SC condones Delay of 265 Days [Read Order]

The Supreme Court condoned delay of 265 days in the challenge regarding the judgment that the formation of trust for compliance of corporate social responsibility ( CSR ) requirements not reason for denying registration under Section 12AA of the Income Tax Act, 1961. The SLP arose out of impugned final judgment and order dated 08-02-2023 in ITA No. 4/2022 passed by the High Court of Punjab & Haryana at Chandigarh. A Two-Judge Bench of Justice BV Nagarathna and Justice Augustine George Masih observed that “Delay of 255 days in filing this special leave petition is condoned. We have heard A.S.G., Mr. N Venkatraman for the petitioner(s). We are not inclined to interfere in the matter. The special leave petition is hence, dismissed.”

In the Punjab and Haryana High Court in The Commissioner of Income Tax ( Exemptions ), Chandigarh v. M/s. Madhav Helping Hands Foundation observed that “For orders, see separate detailed order of even date titled as The Commissioner of Income Tax ( Exemptions ) Chandigarh Vs. M/s. Nanak Chand Jain Charitable Trust, Gharaunda, Karnal.” The Punjab and Haryana High Court in The Commissioner of Income Tax ( Exemptions ) Chandigarh Vs. M/s. Nanak Chand Jain Charitable Trust, Gharaunda, Karnal upheld the order of the Income Tax Appellate Tribunal ( ITAT ) observed that “While hearing an appeal filed by M/s Nanak Chand Jain Charitable Trust, Delhi bench of Income Tax Appellate Tribunal ( ITAT ), last week, held that the registration under section 12AA of the Income Tax Act 1961 cannot be denied to a trust when it is created for the purpose of carrying out Corporate Social Responsibility ( CSR ) activities.”

Leave a Reply