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2015 (10) TMI 1395 - AT - Income TaxGrant of approval u/s 80G(5)(vi) rejected - land required by appellant for establishing its activities has not yet been registered in its name - AR submitted that when appellant has been registered as a charitable institution u/s 12AA of the Act and there is no doubt with regard to charitable object of appellant, denial of approval u/s 80G(5) is illegal - Held that:- A plain reading of section 80G(5) would make it clear that approval can be granted under clause (vi) if the conditions of clause (i) to (v) are fulfilled. On a perusal of the impugned order of ld. DIT(E) it is evident, the only reason on which he denied approval is land required by appellant for establishing its activities has not yet been registered in its name. There is absolutely no allegation by the ld. DIT(E) that appellant has not fulfilled any of the conditions of clause (i) to (v) of section 80G(5). Furthermore, there is no dispute the fact that appellant is a charitable institution with charitable objects, as ld. DIT(E) himself has granted registration to appellant u/s 12AA. That being the case, we are of the view, ld. DIT(E) was not correct in rejecting appellant’s application for grant of approval u/s 80G(5). Moreover, in course of hearing, ld. AR has submitted that in the meantime land has also been registered in the name of the society. Therefore, the objection of ld. DIT(E), as it appears, has also been taken care of . In aforesaid view of the matter, we set aside the impugned order of ld. DIT(E) and direct him to grant approval u/s 80G(5)(vi). - Decided in favour of assessee.
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