TaxTMI 
TaxTMI 
2019 (2) TMI 712
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....e case are that assessee filed the application seeking for approval/exemption under section 80G of the Income Tax Act, 1961. The assessee filed the submissions and details to Ld.CIT(E) in respect of application filed for registration under section 12A as well as exemption under section 80G of the Income-Tax Act, 1961. The Ld.CIT(E) found that assessee has failed to provide any cogent proof that could verify that the assessee is actually carrying-out the activities in pursuance of the objects set forth in the Trust Deed. The Assessee-Trust which came into existence in 2012, had sufficient opportunity at hand to carry-out charitable activities during the period but except for a donation given to "Kanya Gurukul Mahavidyalaya" nothing substanti....
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.... has submitted that the Ld.CIT(E), Delhi, has granted registration under section 12AA of the Income Tax Act, 1961, vide Order Dated 28th December, 2017 in which it is clearly provided that Ld. CIT(E) is satisfied about the genuineness of the activities promised or claimed to be carried-out for the relevant financial year. He has, therefore, submitted that since the assessee has carried-out charitable activities and that conditions of Section 80G(5) of the Income Tax Act, 1961, have not been doubted by the Ld.CIT(E), therefore, assessee is entitled for approval under Section 80G(5) of the Income Tax Act, 1961. He has relied upon order of the Tribunal in the case of Sikshan Prasarak Mandali vs CIT (2008) 117 TTJ (Pune) 337. 4. On the other....
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.... PAN AADTB1479P vs. The CIT (Exemptions) (Hq.), Chandigarh. (Appellant) (Respondent) For Assessee : Shri Ved Jain, Advocate, Shri Rishabh Jain, C.A. And Miss. Umang Luthra, Advocate For Revenue : Shri Sanjay Goyal, CIT-D.R. Date of Hearing : 04.02.2019 Date of Pronouncement : 06.02.2019 ORDER PER BHAVNESH SAINI, J.M. This appeal by Assessee has been directed against the Order of the Ld. CIT(E), Chandigarh, Dated 29.08.2018, under section 80G(5)(vi) of the Income Tax Act, 1961. 2. We have heard the Learned Representatives of both the parties and perused the material available on record. "3. Briefly the facts of the case are that an application in t....
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.... approval u/s 80G(5)(vi) of the Act. There seems no reason to differ with the view taken by the Tribunal. In case, in subsequent years, the Revenue is satisfied that the activities of assessee are not qualified for charitable purposes, it shall be open for the Department to initiate action for cancellation of registration u/s 12AA and also for passing appropriate orders regarding approval granted u/s 80G(5)(vi) in accordance with law." 3.1. He has also relied upon similar decision of Hon'ble jurisdictional Punjab and Haryana High Court in the case of Sonepat Hindu Educational and Charitable Society vs. CIT (2005) 278 ITR 262 (P & H) in which it was held that registration of an institution under section 12A of the Act is sufficient to of ....
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....ted in the present case. He has, therefore, submitted that approval under section 80G may be granted to the assessee. 4. On the other hand, Ld. D.R. relied upon the impugned Order. 5. After considering the rival submissions, we are of the view that Order under section 80G(5) denying approval to the assessee cannot be sustained in Law. It is not in dispute that assessee has been granted registration under section 12AA of the I.T. Act, 1961, by DIT (E) vide Order Dated 29.09.2018. The Ld. CIT(E) was satisfied with the objects and activities of the assessee that it is meant for charitable purposes, therefore, different view cannot be taken while refusing the grant of approval under section 80G(5) of the I.T. Act. The Ld. CIT(E) did not d....