2020 (2) TMI 1388 - AT - Income Tax

Appeal granted for educational trust seeking registration under section 80G. Denial based on lack of activities deemed inappropriate.

M/s. Nandikur Education Trust Versus Commissioner of Income Tax (Exemptions), Bangalore.

M/s. Nandikur Education Trust Versus Commissioner of Income Tax (Exemptions), Bangalore. - TMI Issues: Denial of registration under section 80G (V) (vi) of the Act to an educational trust due to lack of activities during initial stages.Analysis:1. The appellant, an educational trust, filed an appeal against the order denying registration under section 80G of the Act due to lack of activities during its initial stages.2. The Tribunal noted that similar reasoning for denial of approval under section 80G was overturned in previous cases, where trusts were newly established and had not commenced activities at the time of application.3. Citing the decision of the Hon’ble Karnataka High Court, the Tribunal emphasized that the genuineness of activities should be viewed in the context of the trust’s establishment.4. The Tribunal highlighted that denial of recognition under section 80G solely based on the absence of activities by a newly set-up trust is inappropriate, especially when all conditions specified for approval have been fulfilled.5. Referring to previous judgments, the Tribunal directed the Ld. CIT (E) to grant registration to the assessee trust under section 80G of the Act, as the trust was newly constituted and had applied for approval within a short period after its establishment.6. Consequently, the appeal filed by the assessee was allowed, and registration under section 80G was directed to be granted by the Ld. CIT (E).This detailed analysis of the judgment highlights the key points, legal reasoning, and precedents considered by the Tribunal in overturning the denial of registration under section 80G of the Act to the educational trust.