2017 (9) TMI 565

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....not seem fit for granting exemption u/s 80G(5)(vi) of the Act. Accordingly, assessee's application was rejected. 3. The ld. AR submitted that the appellant Trust came into existence vide Trust Deed dated 04.08.2015. The trust was granted approval u/s 12AA vide order dated 24.02.2016. The trust made an application within about 2 month of its coming into existence seeking approval under section 80G(5)(vi) of the Act. However its application for approval u/s 80G(5)(vi) was rejected vide order dated 04.04.2016. There is no requirement under the law for minimum level of charitable activity for being eligible for approval u/s 80G. The inquiry for grant of approval u/s 80G are para materia same as that of for approval u/s 12AA. There are enough....

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....uld be sought as there is no prohibition under the Act seeking such registration. The activities of the trust have to be considered if such registration is sought much later than the formation of the trust or after expiry of the earlier registration granted in favour of the trust. Therefore in a case of this nature where the trust has approached the authority for registration under s. 12A within a span of eight months of its formation, the above-mentioned criteria namely, the objects of the trust for which it was formed will have to be examined to be satisfied about its genuineness and activities of the trust cannot be the criterion, since it is yet to commence its activities." Hemdha Medi Resources (P.) Ltd. vs. CIT(E), Jaipur (2016) 71....

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....aw, there is no justification to reject the application at the threshold level for the reason of non-commencement of activities. 6. It was further submitted by the ld AR that the assessee trust has made contribution by way of reimbursement of food expenses in a sports competition organized by government school at Malpura on 16.9.2016 amounting to Rs. 35,000 which is in consonance with objects of the trust. It was also brought to the notice of the Bench that assessee trust has provided books to needy students amounting to Rs. 6,469 which is again in consonance with the objects of the trust. 7. The ld CIT(DR) is heard and he has supported the order of the ld CIT(E). Regarding assessee's contention that it has actually started carrying o....