2019 (3) TMI 536

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 2. In the facts of the matter the Ld. CIT(E) has erred in not granting exemption u/s. 80G of the Act. 3. The orders of the Ld. CIT(E) are bad in law and on the facts of the case. 4. That we would be allowed to alter, amend or add fresh grounds of appeal at the time of hearing. 5. The appellant prays that exemptions be granted to the company. 1.1 The grounds raised in ITA No. 6472/Del/2018 read as under:- 1. On the facts of the matter the Ld. CIT(E) has erred in granting registration u/s. 12AA as "Religious Trust" instead of "Charitable Trust". 2. The order of the Ld. CIT(E) is bad in law and on the facts of the case. 3. That we would be allowed to alter, amend or add fresh grounds....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ts in support of its claim of exemption u/s 80G, 2, On perusal of the documents filed by the assesses:, it was found that the applicant has been given registration u/s 12A in religious category vide order NO.CIT(E)/2017-18/DEL- RR 26S41 26092017/ 8187 dated 26.09.2017. 3, As per section 80G(5D) Explanation 3- "Charitable purpose" does not include any purpose the whole or substantially the whole of which is of a religious nature. 4, Based on the above facts, as the registration was granted under religious category the application filed by the applicant for grant of approval for exemption u/s 8GG is hereby rejected." "Sub:-0RDER OF REGISTRATION U/S 12AA READ WITH SECTION 12A OF THE INCOME TAX ACT 1961 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....opy of such account shall be submitted to the Assessing Officer. A public notice of the activities carried on/to be carried on and the target group(s) (intended beneficiaries) shall be duly displayed at the Registered / Designated Office of the Organization. 3. Separate accounts in respect of profits and gains of business incidental to attainment of objects shall be maintained in compliance to section 11 (4A) of the Income Tax Act 1961 4. The trust/institution shall furnish a return of income every year within the time limit prescribed under the act. 5. The trust/institution should quote the PAN in all its communications with the Department. . 6. The registration u/s, 12AA of the I.T. Act, 1961 does not a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 13. The registration so granted is liable to be cancelled at any point of time, if the registering authority is satisfied that activities of the Trust/Institution are no genuine or are not being carried out in accordance with the objects of the Trust/Institution." 5.1 After perusing the aforesaid findings of the Ld. CIT(E), we find that Ld. CIT(E), has not passed a speaking order and did not give well reasoned finding in his orders dated 22.12.2017 passed u/s. 80G(5)(vi) of the Act read with Rule 11AA of the I.T. Rule, 1962 and also in the order dated 26.9.2017 passed u/s. 12AA read with section 12A of the Act, which is not sustainable in the eyes of law. Therefore, in the interest of justice, we set aside the orders of the Ld. CIT(E....