2019 (2) TMI 661

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....s of the case are that an application in the prescribed form was filed for approval under section 80G(5)(vi) of the Income Tax Act, 1961. The Ld. CIT(E) noted that in this case the applicant also filed an application under section 12A of the I.T. Act did not meet the requirement for approval as mandated by Rule 11AA of the I.T. Rules. Even though, the applicant has been granted registration under section 12A recently, the real purpose as per the stated object cannot be corroborated at present given that the entity is still to redeem itself after the grant of 12A registration. The application was found premature and the same was rejected. 3. Learned Counsel for the Assessee submitted that assessee is a charitable trust and carried out vario....

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.... the Act is sufficient to of its being established for charitable purposes. Thus, registration under section 80G cannot be denied. He has also relied upon decision of the Hon'ble Delhi High Court in the case of DIT vs. Foundation of Ophthalmic & Optometry Research Education Centre 2012 (8) TMI 77 (Del.) in which it was held as under : "Denial of registration as charitable trust under Section- 12AA (1)(B) - no charitable activity had in fact taken place since the society was a newly established one - Held that:- Considering the procedure for registration as lead in Section 12AA the statute does not prohibit or enjoin the Commissioner from registering Trust solely based on its objects, without any activity, in the case of a newly registered....