2024 (6) TMI 975

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....der section 80G(5) of Income Tax Act, 1961 ('the Act') in rejecting application for approval funds dated 27.09.2023. The assessee has raised the following grounds of appeal: "1) The ld. Commissioner of Income Tax (Exemptions), Ahmedabad has erred in law and on facts in rejecting the application for grant of approval under clause (iii) of first proviso to section 80G(5) of the Act. 2) The Appellant craves leave to add, amend, alter modify, substitute, delete, change or vary one or more or all the grounds of Grounds of Appeal." 2. Rival submission of both the parties heard and record perused. The Ld. Authorized Representative (Ld.AR) for the assessee submits that assessee-trust was set-up on 04.10.2021. The assessee-trust....

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....assessee further submits that activities of the assessee-trust actually started on 27.09.2022 when the assessee-trust admitted students for its imparting activities of computer education in furtherance of object of assessee mere taking donation in students in financial year 2021-22 and giving donation in next financial year 2022-23 is in real sense is not the activities. Ultimate activities are to be considered in the hand of recipients for donation from assessee would be when they utilized such donation for their charitable activities. The Ld. AR for the assessee submits that assessee has filed application for approval under section 80G(5) within six months from the commencement of activities, which in case of assessee if on 27.09.2022 is ....

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.... has given the donation to Ram Mandir Charitable Trust of Rs. 2.00 lakh for set-up dialysis center and assessee acted in furtherance of their objects which is part of activities of assessee-trust. From such aid of activities i.e., on giving donation to Ram Mandir Charitable Trust on 31.03.2022, the assesse has not filed application within six months for approval fund. The assessee-trust has not filed any condonation of delay, nor took such plea before Ld.CIT(E) despite issuance of show cause notice. Thus, the application of assessee was rightly rejected by Ld.CIT(E). 5. We have considered the rival submission of both the parties and perused the record. We also deliberate on various case law relied by Ld. AR for the assessee. We find that....