TaxTMI 
TaxTMI 
2018 (11) TMI 1817
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.... REJECTING THE APPLICATION FOR GRANT OF APPROVAL UNDER SECTION 80G(5)(viJ OF THE INCOME TAX ACT, 1961 VIDE ORDER DATED 25.08.2017. 2. BECAUSE ON FACTS OF THE CASE AND IN LAW, THE LD. CIT (EXEMPTIONS) DID NOT APPRECIATE THAT THE APPELLANT- SOCIETY IS REGISTERED UNDER THE SOCIETIES REGISTRATION ITA No. 666/Lkw/2017 ACT, 1860, AND CARRYING OUT ITS ACTIVITIES AS PER OBJECTIVES MENTIONED IN ITS MEMORANDUM OF THE SOCIETY. 3. BECAUSE ON FACTS OF THE CASE AND IN LAW, THE LD. CIT (EXEMPTIONS) DID NOT APPRECIATE THAT THE APPELLANT- SOCIETY IS REGISTERED UNDER SECTION J^TOF THE INCOME TAX ACT, 1961 BY THE COMMISSIONER OF INCOME TAX-1, LUCKNOW W.E.F. 01.04.2008 VIDE REGISTRATION NO.34/36/2007-08 DATED 12.09.2008. 4. BECAUSE O....
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....HICH APPARENTLY ARE FOR PROFIT MAKING AND NOT FOR CHARITABLE PURPOSES. ITA No. 666/Lkw/2017 10. BECAUSE IN LAW AND ON FACTS OF THE CASE, THE ORDER DATED 25.08.2017 PASSED BY THE LD. CIT (EXEMPTIONS) REJECTING THE APPLICATION OF THE APPELLANT SOCIETY IS ARBITRARY, UNJUSTIFIED AND BAD IN LAW AND, THEREFORE DESERVE TO BE CANCELLED BY ALLOWING THE APPROVAL TO THE APPELLANT SOCIETY. 11. BECAUSE ON FACTS AND IN CIRCUMSTANCES OF THE CASE, THE APPELLANT RESERVES THE RIGHT TO AMEND, TO INTRODUCE OTHER GROUNDS OF APPEAL AND NEW FACTS WITH THE KIND PERMISSION OF YOUR HONOUR. 3. The assessee in the present case is a society which came into existence on 01.04.2008. It filed an application in the prescribed Form 10G for grant of appr....
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....order of the Lucknow Bench of the Tribunal in the case of Kalyanam Karoti Vs. CIT, in ITA No. 682/Lkw/2008 and on Hiralal Bhagwati vs. CIT, 246 ITR 188 (Guj.). 6. The ld. DR, on the other hand, strongly supporting the impugned order, submitted that the CIT(Exemptions) has specifically recorded in his order that necessary documents were not produced for verification; and that the CIT(Exemptions) has every right to examine the books of account before granting of approval u/s 80G(5)(vi) of the Act. 7. Heard. In Hiralal Bhagwati (Supra), rightly relied on by the assessee, it has been held that once registration 12A of the Act stands granted, the application u/s 80G(5) cannot be rejected. The Agra Bench of the ITAT has followed this legal ....
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.... the trustees and/ or Managers should be furnished; that the CIT has to examine the objects of creating the trust as well as an empirical study of the past activities of the applicant; and that the CIT has to examine that it is really a charitable trust or Institution eligible for registration. The Honble High Court took into account the submission that once registration u/s 12A of the Act is granted, a grant of benefits under the act cannot be denied; that the ITO was not justified in refusing the benefits under the act which would otherwise accrue under the registration; that if there was no registration, the Revenue would have been justified in submitting that the benefit cannot be granted, but where the application for registration is s....
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....de order dated 30.08.2011, holding that when the CIT is to examine an application seeking recognition u/s 80G, he is not required to act as an AO and decide upon the claim of the assessee in respect of his assessment of income; that the actual assessment of the assessee and its actual liability to tax are matters to be decided only in the assessment proceedings; and that since the assessee was (in that case, as herein also) registered u/s 12A of the Act and such registration continued, the assessee fulfilled the conditions prescribed u/s 80G(5)(i) of the Act. 10. N.N. Desai (Supra) has also been followed in Marathi Vidyan Parishad Nashik Vibhag vs. CIT, Nashik, (APB, 95-102), by the Pune Tribunal, vide order dated 20.05.2016, in IT....