2017 (12) TMI 1740

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....peal by the assessee trust is directed against order of the Commissioner of Income Tax (Exemptions), wherein the approval claimed u/s 80G(5) of the Income Tax Act, 1961 (hereinafter called as 'the Act') was not accorded on the ground that the assessee has not undertaken much activity in accordance with the objects. The precise reason given by the Ld. Commissioner reads as under: "Since ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... aid, to impart education, provide food and shelter to the poor & needy. It has filed an application for registration u/s 12AA of the Act and also seeking approval u/s 80G of the Act along with relevant declarations. The Ld. Commissioner granted registration u/s 12AA of the Act. However, with regard to the grant of approval u/s 80G of the Act, he observed that the assessee did not carry much of it....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Act can be rejected. 5. We have carefully considered the rival submissions and perused the records. The decision of the ITAT, Lucknow bench is not applicable to the case on hand since, in the aforementioned case, the claim of the assessee was rejected by the Tribunal on the ground that for grant of approval, copy of registration granted u/s 12AA of the Act has to be annexed and for such purp....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gistration certificate u/s 12AA of the Act but on the limited ground that it has not undertaken much activity. At the inception of the institution, one cannot expect serious activities, since it needs funds and to obtain funds, the trust needs approval u/s 80G of the Act. Thus, the activities are interlinked with obtaining approval. Hence, mere fact that the assessee could not undertake much activ....