TaxTMI 
TaxTMI 
2018 (7) TMI 1729
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....ether on the facts and in the circumstances of the case and in law, the Hon'ble ITAT is justified in allowing of approval u/s 80G(5) notwithstanding that the applicant has not commenced significant charitable activity as per its objects?" 3. The facts of the case are that the applicant filed application on 21.10.2016 in Form No.10G for seeking approval U/s 80G (5) (vi) of the Income Tax Act, 1961. The applicant was issued a letter/notice No. 3887 dated 24/25.10.2016 requesting it to submit certain documents/explanations by 07.12.2016 and also to produce original Trust Deed/MOA for verification on that date. In compliance to which Shri V.K. Data, CA/AR of the applicant trust attended and filed written submission and case discussed with hi....
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....al Green Energy-Purchase Inverter for donation to Gauri Devi Rajkiya Mahavidhyalaya Journal 31,800.00 20.01.2017 To Deepak Plastic & Gift Corner-Purchase Lunch box for donation to Karwa foundation Journal 23,650.00 26.01.2017 To Primary Education Department, Alwarfor milk, food and chair Journal 20,000.00 By Closing Balance 86,450.00 86,450.00 Total 86,450.00 86,450.00 5. On examination of the above charity account, it is seen that no significant activities has been started by the applicant as per the object....
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....ty of the activity. It is only the volume of activity carried out by the assessee. Ld. CIT's objection is that in 8 months no significant charitable activity has been carried out. In the light of these undisputed facts, we need to examine whether the law mandates significant charitable activities to be carried out for become eligible to be registered u/s 80G(5)(vi) of the Act. 6.2 As per 80G(5), the provisions of 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 fulfills the followings conditions. (i) Where the institution or fund derives any income, such income would not be liable to ....
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....r constituted as a public charitable trust or this registered under the Societies Registration Act, 1860 (21 of 1860), or under any law corresponding to that Act in force in any part of India or under section 25 of the companies Act, 1956 (1 of 1956), or is a University established by law, or is any other educational institution recognized 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. (vi) In relation to donations made after the 31 st day of March, 1992, the institution or fund is for the time being approved by the commissioner in accordance with the rules made in this behalf." ....