2022 (12) TMI 544

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.... The brief facts of the case is the assessee is an Education Trust which got registration under Section 12AA of the Income Tax Act. The assessee made application for registration of the Trust under Section 80G(5) of the Act on 04.08.2017 by filing Form No. 10G under Rule 11AA of the Income Tax Rules. The Ld. CIT(E) vide letter dated 28.09.2017 requested the Trust to furnish detailed note on the activities actually carried out by the Trust with document and details. As per Rule 11AA(2) assessee has to submit notes and activities of the institution of funds since its inception during last three years. Apart from this Form No. 10G also requires assessee to submit notes of activities. However, the assessee has not produced any details as called....

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.... the provisions of section 80G(5] of the IT Act. The trust deserves recognition U/s. 80G(5). 4. The Ld. C.I.T. has erred in coming to the conclusion based on irrelevant aspect that the trust has not carried out activities which entitle it's for recognition U/s. 80G(5) as per object of the trust. The trust deserves recognition U/s. 80G(5). 5. The Ld. C.I.T. has erred in not considering the real aspect of the provisions of section 80G[5) of the IT Act, 1961. The trust deserves recognition U/s. 80G(5). 6. Taking into considering the legal, factual and statutory aspect of the object of the trust, the Ld. C.I.T. ought to have granted recognition U/s 80G[5] as applied for. It is therefore prayed that the order passed by the Ld. C.I.T. r....