2011 (6) TMI 680

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.... the application for exemption under section 80G(5) of the Income-tax Act.   The assessee is a Sanstha established on July 26, 2006 by virtue of registration granted by the sub-registrar. The registration under section 12AA has also been granted by the learned Commissioner of Income-tax vide order dated October 26, 2009. Thereafter the assessee filed application in Form 10G on December 15,....

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....ansthan. Accordingly, he rejected the application under the provisions of rule 11AA(5) of the Income-tax Rules. Now the assessee is in appeal here before the Tribunal. Learned counsel for the assessee filed written submissions and it was further submitted that all the conditions for upholding the genuineness of the trust are satisfied for granting exemption under section 80G(5). The learned ....

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....e trust deserves to succeed in its appeal. The registration under section 12AA has been granted before moving application in form No. 10. All the conditions for granting exemption are satisfied. The assessee's income is assessable in view of the provisions of section 11 of the Act. If by any reason donation received by the assessee is found not used for the purpose for which the trust has been gra....

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....cord, i.e., name and addresses of the parties and they have been furnished by the learned Asses- sing Officer from whom the report was sought by the learned Commissioner of Income-tax. Various case law relied upon by the learned authorised representative go in favour of the assessee. These cases are in the case of Dera Baba Jodh Sachiar v. Union of India [2010] 328 ITR 178 (P&H), wherein it is hel....