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of <h1>Approval under section 80G(5)(iii) restored where denial unjustified and department failed to show statutory non-compliance</h1> <h3>M/s Saraswati Memorial Trust Versus CIT (E) Civic Centre, Delhi</h3> M/s Saraswati Memorial Trust Versus CIT (E) Civic Centre, Delhi - TMI The trust's Form 10AB dated 30.03.2024 for approval under Section 80G(5)(iii) was rejected by the CIT(E) and its provisional registration dated 12.03.2022 (for period 12.03.2022 to AY 2024-25) was cancelled. The assessee submitted audited financials, bank statements with narrations, trustee profiles and other statutory records for 01.04.2023-31.03.2024 and contended there was no contravention of Section 80G. Reliance was placed on the High Court decision in Director of Income Tax v. Neel Gagan Charitable Trust ((2013) 38 taxmann.com 305 (Delhi)) on identical facts. The Revenue did not point to any statutory non-compliance or breach of clause (iv) of Section 80G(5). The Tribunal held the CIT(E)'s action to be 'not sustainable, bad in law and therefore, quashed' and directed the CIT(E) to grant the relief; the appeal was allowed.
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