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2012 (6) TMI 515 - ITAT CHANDIGARHRenewal of exemption u/s 80G(5) - rejection by CIT(A) without issuance of SCN - assessee Trust, established on 17.1.2002, had been granted registration u/s 12A as well as exemption u/s 80G - last exemption granted for the period from 1.4.2008 to 31.3.2011 - Held that:- In view of omission of proviso to Section 80G(5)(vi) w.e.f.01.10.2009, approval once granted u/s 80G(5)(vi) shall continue in perpetuity. Further, Circular No. 5 being "Explanatory circular for Finance (No. 2) Act, 2009" is in favour of the assessee and even if the assessee by ignorance or inadvertently filed an application for renewal, the CIT was required to decide the same in accordance with the amended provisions. therefore, we set aside the impugned order and hold that approval u/s 80G(5) already granted to the assessee shall continue unless and until the concerned authority takes appropriate action in accordance with law. See Association for Advocacy and Legal Initiatives v. CIT (2011 (2) TMI 315 (Tri)) - Decided in favor of assessee.
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