2023 (4) TMI 948

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....ons) rejecting the application of the assessee for approval u/s 80G is bad both in the eye of law and on facts. 2. On the facts and circumstances of the case, the Ld. CIT(E) has erred both on facts and in law in passing the order rejecting the application for approval under section 80G of the Act, without giving assessee an opportunity of being heard in violation of principle of natural justice. 3. On the facts and circumstances of the case, the order passed by Id. CIT(E) is barred by limitation having been passed beyond the statutory period prescribed in the Act. 4. On the facts and circumstances of the case, the order passed by Id. CIT(E) are in violation of the statutory conditions of the Act and the procedure ....

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.... being disposed off on the basis of material available on record. 4. Facts giving rise to the present appeal are that in this case, the assessee efiled an application on 30.05.2017 seeking approval u/s 80G of the Income Tax Act, 1961 ("the Act"). The application of the assessee was rejected by Ld.CIT(Exemption) by making various observations and drawing adverse conclusion about the accounts of assessee society. 5. Aggrieved against the order of Ld.CIT(Exemption), the assessee has preferred the instant appeal before the Tribunal. 6. Apropos to Grounds of appeal, Ld. CIT DR submitted that Ld.CIT(Exemption) has given categorical finding on fact regarding activity of the society. He drew our attention to the impugned order, stating tha....

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....elf corroborates that the activities of the applicant do not stand the scrutiny of genuineness. 6. It is also evident that Rs. 9.27 Lakhs have been spent on salaries. In the absence of any details of staff to whom the salary is being paid remains unverifiable. It gets exacerbated by the fact that out of the donations received in January 2017, only a sum of Rs. 11.44 lakhs has been routed through bank. This contention of the applicant clearly leads to the conclusion that the applicant is in practice of keeping away its funds from the banking channel and indulging predominantly in cash transactions that are not amenable to proper verifications. Further, it is pertinent to mention that the quantum of bank balances an; increasing throu....