2020 (5) TMI 16

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....ty, weight of evidence, probabilities facts and circumstances of the case. 2. The learned CIT (Exemption) is not justified in refusing to grant recognition u/s 80G of the Income-tax Act, 1961, on the ground that the genuineness of the activities for grant of approval u/s 80G[5](vi) of the Act cannot be verified on the facts and in the circumstances of the appellant's case. 3. The learned CIT(Exemption) ought to have appreciated that the objects of society are charitable in nature and that the appellant had filed all the details called for by the learned CIT (Exemption), Bangalore and therefore, the learned CIT is not justified in refusing to grant recognition u/s 80G of the Act on the unsustainable ground that the genuinen....

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....cognition under section 80 G. At the stage of recognition under section 80 G, the Commissioner and receipt of an application for recognition has to satisfy himself about the objects of the company or institution and the genuineness of its activities. In this connection reliance what is placed on the following decision:- a) The Hon'ble Karnataka High Court in case of Ganjam Nagappa and Sun trust vs DIT (E) reported in 269 ITR 59 has held that "grant of exemption or renewal is not automatic in character. Therefore considering the facts as detailed above it is not a fit case for recognition under section 80G. Hence application for grant of recognition under section 80G(5)(vi) of the IT Act 1961 is hereby rejected." Aggrieved by afo....

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....section 12 AA of the Act, and that there is nothing on record brought out by authorities below, or Ld.CIT DR regarding violation of objects of Trust. In support of the contentions assessee placed reliance upon following decisions of coordinate bench of this tribunal on identical issue: • M/s Bharat Ratna Sir M Vishweshwarayya Educational Society vs CIT (E) in ITA No. 732/B/2018, vide order dated 12/04/19 for assessment year 2013-14; • M/s.Indic Science Research Trust vs. CIT(E) in ITA No. 1077/B/2018 vide order dated 20/07/18 for assessment year 2018-19; • Vimalalaya Hospital Trust vs CIT (E) in ITA No. 1435/B/2019 vide order dated 29/11/19 for assessment year 2019-20. 5.1. In our view, grant of app....