TaxTMI 
TaxTMI 
TaxTMI 
2015 (8) TMI 17
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....ejected the assessee's application filed under Section 80G of the Income Tax Act, 1961 (for short 'Act') came to be affirmed. 2. Appellant (hereinafter referred to as 'assessee') is a society registered under the Karnataka Societies Registration Act, 1960. It was granted registration under Section 12A and also approval under Section 80G(5)(vi) of the Act with effect from 17.02.2004 to 31.03.2005. Thereafter, continuation of the approval granted under Section 80G(5)(vi) of the Act was granted with effect from 01.04.2005 to 31.03.2008. On an application made for continuance of approval on 06.03.2008, it was proposed to be rejected by the respondent and as such, notice came to be issued which was duly replied by the assess....
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....swering the substantial questions of law formulated in the appeal memorandum in favour of the assessee and against the revenue. 5. Per contra, Sri E.I.Sanmathi, learned Advocate appearing for the revenue would support the orders passed by the authorities and contends that assessee - Trust having obtained registration under Section 12A of the Act on 17.02.2004, had not carried out the object for which Trust was established even after lapse of four years and as such, rejection of renewal is just and proper and as such, he prays for dismissing the appeal by answering the substantial questions of law in favour of the revenue. 6. This Court, vide order dated 21.10.2009 has admitted the appeal to consider the following substantial question of l....
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....d also approval under Section 80G(5)(vi) of the Act on 17.02.2004 upto 31.03.2005. Same was continued with effect from 01.04.2005 and upto 31.03.2008 by order dated 04.10.2005 (Annexure-E) and thereafter assessee sought for continuance of the approval granted under Section 80G(5)(vi) of the Act by submitting an application on 06.03.2008. Respondent issued a show cause notice to the assessee proposing to reject the application. Same was resisted to by the assessee by filing detailed objection, copy of which has been made available by the learned Advocate appearing for the assessee during the course of arguments. Subsequently, the Commissioner vide order dated 28.11.2008 (Annexure-G) rejected the application for continuation of the recognitio....
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....ion or fund under clause (vi) of sub-section (5) of Section 80G shall be in Form No.10G and shall be made in triplicate. (2) The application shall be accompanied by the following documents, namely;- (i) Copy of registration granted under Section 12A or copy of notification issued under Section 10(23) or 10(23C); (ii) Notes on activities of institution or fund since its inception or during the last three years, whichever is less; (iii) Copies of accounts of the institutions or fund since its inception or during the last three years, whichever is less. (3) The Commissioner may call for such further documents or information from the institution or fund or cause such inquiries to be made as he may deem necessary in order to satisfy himself....
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....n 12A and copies of its accounts since inception or last three years, whichever is less and in the event of Commissioner not being satisfied with the details furnished by the applicant, he is empowered under sub-rule (3) of Rule 11AA of the Rules to call for further documents or information from the institution or fund or cause such enquiry as he deems necessary in order to satisfy himself the activities of the institution or fund is genuine. After calling for such information or details or particulars, if the Commissioner is satisfied that all the conditions laid down under clauses (i) to (v) to sub-section (5) of Section 80G are fulfilled, he would issue approval as otherwise, he would reject the application for approval by recording reas....