2019 (6) TMI 1082

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....grounds of appeal: 1. The learned Commissioner of Income tax(E) erred in rejecting the application made by the Appellant Trust for granting exemption u/s.80G(5)(vi) of Income Tax, 1961. 2. The learned Commissioner of Income tax (E) erred in stating that " the Appellant Trust has not carried on any noticeable Charitable activities. In absence of Charitable activities, it will be difficult to ascertain the intent, nature and genuineness of the Trust...." 3. The Appellant submits that some of the social and sport activities have been carried out by the Trust and relevant documents and photographs have been submitted b y the Trust and therefore the learned CIT(E) was wrong in stating that no noticeable activities have....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ions and perused material on record. Prima facie, the CIT(E) has rejected the recognition u/s 80G by mentioning that charitable activities are not carried out by the assessee. We found that the CIT(E) has granted registration u/s 12AA of the Act to the assessee and the ld.R has furnished copy of registration u/s 12AA of the Act dated27/09/2018. We found that when the registration u/s 12AA of the Act was granted by the CIT(E) after verifying and satisfying requisite conditions complied by the assessee which is not disputed by the revenue and therefore, the assessee is eligible for recognition u/s 80G of the Act. We support our view with the decision of the co-ordinate bench of Tribunal in ITA No.2560/Bang/2018 dated 22/03/2019 in the case of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....proval / recognition under section 80G of the Act can act as a catalyst to encourage prospective donors to look at the intended activities / objects and possibly provide financial support through donations / contributions. Strangely, in the case on hand, on the very same day i.e., 25.07.2018 when he rejected the assessee's application for recognition under section 80G of the Act, the CIT(E) has granted the assessee-trust registration under section 12AA of the Act vide order dated 25.07.2018; ostensibly, after examination of the assessee's objects, etc., which the CIT has categorized as "Advancement of any other object of general public utility". 4.3.2 In this factual matrix of the case, as discussed above and following the ....