Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (3) TMI 574 - AT - Income TaxCancellation of application u/s 80G – Renewal/grant of certificate – Assessee contended that the DIT(E) did not examine the information filed with regard to the entire donation receipts with its corpus details and confirmations by the appellant during the course of proceedings – Held that:- The DIT(E) has not culled out in his order as to which are the conditions laid down u/s 80G(5)(v), have not been fulfilled by the assessee trust - If the DIT(E) is satisfied that one or more of the conditions laid down in the clauses have not been fulfilled, he can reject the application for approval after recording his reasons - it has not been brought on record by the Revenue as to which of the requirement has not been fulfilled by the assessee as prescribed under rule 11AA and which of the conditions mentioned u/s 80G(5)(v) has been violated or not fulfilled by the assessee - Unless the DIT(E) records the reasons of violation of such conditions, the DIT(E) cannot reject the assessee's application – thus, the matter remitted back to the DIT(E) for examination whether the assessee trust fulfills the conditions laid down in section 80G or not and whether the DIT(E) can grant approval or reject the application for grant of certificate u/s 80G – Decided in favour of Assessee.
|