TaxTMI 
TaxTMI 
2015 (10) TMI 1377
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....egistration u/s 12A of the Act vide order dated 3-5-1976. Subsequently, as it appears from the facts on record, the assessee was also granted approval u/s 80G(5)(vi) which was renewed up to 31-3-2003. On 25-3-2003, assessee filed an application in form 10G before the DIT (E) for continuation of approval u/s 80G(5)(vi) of the Act. The DIT (E) vide order dated 22-3-2004 rejected assessee's application for renewal of approval u/s 80G (5). As it appears from record, this order of rejection remained unchallenged by the assessee. Subsequently, the assessee again on 21-2-2012 made an application in form No.10G before the DIT (E) seeking approval u/s 80G(5)(vi) of the Act. In course of proceedings initiated in connection with application filed ....
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.... is one of the main objects in the trust deed. In this context, the learned AR referring to various correspondence made with the government and government agencies submitted that though the assessee has made all efforts for acquiring the land for the purpose of a museum, till now it has failed in its attempt to get a suitable land from the government for this purpose. With reference to the allegation of the DIT (E) that the art objects are not for the viewing of the general public, the learned AR submitted that in absence of a museum the art object of being of immense value are kept in bank locker, however, any person interested in art object is free to view the same. Therefore, it cannot be said that the art objects are not for the purpose....
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....s factual background, assessee's eligibility u/s 80G(5) of the Act needs to be considered. The conditions laid down u/s 80G (5) for approval are as under:- "(5) This section applies to donations to any institution or fund referred to in sub-clause (iv) of clause (a) of sub-section (2), only if it is established in India for a charitable purpose and if it fulfils the following conditions, namely :- (i) where the institution or fund derives any income, such income would not be liable to inclusion in its total income under the provisions of sections 11 and 12 or clause (23AA) or clause (23C) of section 10 : Provided that where an institution or fund derives any income, being profits and gains of business, the condition that such income ....
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.... by law, or is any other educational institution recognised by the Government or by a University established by law, or affiliated to any University established by law, or is an institution financed wholly or in part by the Government or a local authority;" As can be seen from the order of the DIT (E), he has refused to grant approval to the assessee basically for the following reasons:- (i) The assessee has failed to substantiate its claim that it has been supporting research programme Indian paintings and conducting lectures and seminars at regular intervals on the rich heritage of Indian art and culture. (ii) The assessee has not established a museum for art objects as per the object of the trust deed. (iii) The art objects are not a....