TaxTMI 
TaxTMI 
2025 (3) TMI 2123
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....ant of registration u/s 80G(5)(iii) of the Income Tax Act 2. The brief facts of the case are that, assessee has filed an application in Form 10AB and requested for approval u/s 80G of the Act under clause (iii) of first proviso to sub section (5) of section 80G of the Act. On verification of Form 10AB filed by the assessee, the Ld. CIT(E) found that the application was not complete and all the documents required to be accompanying the application were not furnished, hence a notice was issued to the assessee on 09.11.2024 requesting the assessee to furnish the complete set of documents mentioned in Rule 11AA. Further the assessee has made submission vide letter dated 27.11.2024 and after going through the submission made by assessee, the ....
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.... rejecting grant of Certificate is not in accordance with the provisions of the Act. 4) The Appellant reserves right to add, amend or alter grounds of appeal. 4. We have heard Ld AR and DR and examined the record as well as disputed clause of the objects of the trust. At the outset, it is pointed out by Ld. AR that the impugned order passed by the Ld. CIT(E) is not legally sustainable because there was no violation of section 11 of the Act in assessee's trust. Secondly, it is argued that Ld. CIT(E) in para 4 of the impugned order has not reproduced the entire clause c(v) and c(x) of the objects of the trust deed. Thirdly, it is argued that the charitable activities as per objects of the trust are to be carried out in India and n....
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....Tribunal in the case of Jamsetji Tata Trust (supra). The Ld. CIT(A) after considering that facts of instant case being identical to facts of Jamsetji Tata Trust (supra), he deleted the disallowance observing as under: "6.2.1. The appellant in its reply has reiterated the stand taken before the AO and has also relied on the judgment of the Hon'ble ITAT in the case of the Jamsetji Tata Trust vs. Joint Director of Income-tax (Exemption) Range-II, (2014) 44 taxmann.com 447 (Mum.-Trib.) wherein the Hon'ble ITAT has held that the education grant given to the Indian Students in India for education/higher education abroad fulfills the conditions of application of money for such purpose in India. The appellant has also submitted tha....
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....ent and was of the opinion that this expenditure was prohibited and was not applied for purpose of trust in India and, therefore, not eligible for exemption u/s 11. The main object of the trust was to advance, propagate, increase and promotion of Indian classical and Folk arts and Indian music etc. The trust was invited by the Government of Nigeria to give certain dance performance abroad. Accordingly the trust sends a troop and paid a sum of Rs. 1.55 lakh being the passage money to the Travel Corporation of India. The Tribunal held in para 6 as under:- "6. The crucial question is only whether the conditions in section 11 are complied with. That section states that the income derived from property held under trust wholly for charit....
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....ents in India for study overseas as application of income for charitable purposes in India. As the facts and circumstances of the instant case are identical to the facts of decisions relied upon by the Ld. CIT(A) therefore, we uphold the order of the Ld. CIT(A) on the issue in dispute. The grounds of appeal of the Revenue are accordingly dismissed. 6. In the result, the appeal of the Revenue is dismissed. 5. On the other hand, Ld. DR supported the impugned order of Ld. CIT(E) and stating that the appeal is liable to be dismissed. 6. We have also examined the disputed clause of the trust which are extracted below:- Clause c(v):- "Awarding scholarships and fellowships in cash or in such other form and on such ....