TaxTMI 
TaxTMI 
2009 (12) TMI 683
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....assessee has alleged itself a charitable trust established on 12-1-2006, for attaining aims and objects enumerated in clause 5 of the trust deed which are 27 in number. The assessee has applied for grant of registration under section 12AA of the Income-tax Act and such registration was granted to it vide order dated 4-12-2006. Similarly it has applied for grant of exemption under section 80G(5) of the Income-tax Act. The exemption was allowed to it by the learned Commissioner vide its order dated 17-9-2007, for a period starting from 1-4-2007 upto 31-3-2008. The assessee has applied for renewal of exemption vide application dated 4-7-2008. It pleaded that the registration was granted under section 12AA as well as exemption under section 80G....
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.... aims and objects taken by the assessee are having such wide amplitude which cannot be said that they are for educational purposes. The learned Commissioner of Income-tax further observed that aims and objects at Sl. No. (e) are for the purpose of religious nature. Hence it cannot claim exemption. 5. Learned counsel for the assessee while impugning the order of the Commissioner raised two fold submissions. He submitted that by way of the Finance (No. 2) Act, 2009, the proviso appended to 80G(5)(vi) has been omitted and clause (vii) has been inserted. The object of omitting the proviso and inserting the clause (vii) in section 80G(5) is for the purpose to reduce the undue hardship caused to bona fide institution and also to eliminate wast....
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.... other hand relied upon the order of the learned Commissioner. She pointed out that profit and loss account of the assessee does not correlate with any charitable objects mentioned by the assessee in the aims and objects. She further pointed out that clause (vii) of section 80G(5) is not applicable in the case of the assessee rather it is inserted with a view to protect the interest of bona fide donor. This clause nowhere suggests that deduction admissible to the donors would automatically renew the approval of exemption under section 80G of the Act. 7. We have duly considered the rival contentions and gone through the record carefully. As far as the legal arguments raised by the assessee are concerned we have specifically considered the....
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....for grant of exemption under section 80G has to be decided independently which would continue in perpetuity and no further renewal would require after this amendment. Therefore we do not find any force in the first fold of submission raised by learned counsel for the assessee. 8. With the assistance of the learned representative we have gone through the aims and objects extracted by the learned Commissioner on pages 2-5 of the impugned order. We have confronted learned counsel to show us any evidence demonstrating that its institute has any approval from the Government of India, State Government or it is affiliated with any institute, university. Learned counsel was unable to give any formal recognition from any university or the Governm....