2012 (5) TMI 93

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... society. It was registered as a public charitable trust in 1992. The main objectives of the trust were to empower the marginalized sections of the society by building up their capabilities for a decent, dignified and independent life. In other words, it was helping in rehabilitating the physically handicapped persons. The trust has been granted registration under sec. 12AA read with section 12A vide No.FN-73/93-94 dated 18.8.1993. The registration has not to be withdrawn or cancelled. It is availing benefit under section 10(23C) of the Income-tax Act, 1961. The trust had applied for grant of approval under section 80G of the Act. In the past, such approval was granted to the trust vide order dated 13.8.2007. This approval was valid for the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dment once approval granted, it will be perpetual unless cancelled or withdrawn by the competent authority. He further submitted that the Board has issued a Circular bearing No. 5 of 2010 which explained Finance Act, 2009. According to this circular, all approvals already granted to the assessee under sec. 80G, if expiring on or after 1st of October 2009 then it would be deemed to have been extended in perpetuity. The approval in the case of assessee was available up to 31.3.2010, meaning thereby, its approval is deemed to have been extended for perpetuity and the application moved by the assessee ought to have been dismissed as infructuous by the learned Director of Income-tax (Exemption) instead of rejecting it on merit. He further submit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pment of downtrodden sections of the society. Registration under section 12AA for treating the assessee as a charitable institution, was granted on 18.8.1993, is still intact. Thus, it would suggest that activities of the assessee are of charitable nature. Learned Director of Income-tax (Exemption) has made reference towards the income resulted on account of sale of pickles, bags and beauty-parlour etc. but according to the assessee these were the activities in accordance with its aims and objects. It has been running days centres for empowering the women. It is not a new thing in this year. Learned Director of Income-tax (Exemption) has not narrated any circumstance which have been changed after 31.3.2010 up to this date, approval under se....