2024 (7) TMI 875

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....anth Kumar, C.A. For the Respondent : Shri NIlay Baran Som, CIT ORDER PER MANJUNATHA, G., ACCOUNTANT MEMBER: This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Exemption), Chennai, dated 30.03.2023. 2. Brief facts of the case are that the assessee filed an online application on 29.09.2022 in Form No. 10AB under section 80G(5)(iii) ....

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.... 3. Aggrieved by the order of the ld. CIT(E), the assessee is in appeal before the Tribunal. 4. The ld. Counsel for the assessee Shri H. Yeshwanth Kumar, CA, referring to the copy of Trust deed dated 05.04.2007 and copy of amended deed dated 01.12.2015 and submitted that initially the objects of the trust were relief of poor, education and medical relief. But, the assessee-trust has amended t....

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....le of the ld. CIT(E). 5. On the other hand, the ld. DR Shri Nilay Baran Som, CIT, fairly agreed that to verify the fact in the light of both deeds, the issue may be remitted back to the file of ld. CIT(E) and to decide the issue in accordance with law. 6. We have heard both the sides, perused the materials available on record and gone through the order of the ld. CIT(E). There is no dispute ....

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....see has referred to all the objects including the objects deleted by way of amended deed dated 01.12.2015. When this fact was brought to the notice of the ld. CIT(E), in our considered opinion, the ld. CIT(E) ought to have considered application filed by the assessee in light of Form No. 10AC issued by the ld. PCIT dated 24.09.2021. Since, the ld. CIT(E) rejected the application of the assessee wi....