TMI Blog2012 (12) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... ned DIT(E) and accordingly, approval under sec. 80G(5) of the Act already granted to the assessee vide order dated 14th August, 2007 upto 31st March, 2010, shall continue in perpetuity unless and until the competent authority takes appropriate action in accordance with law to withdraw the same - DIT(E) to allow the exemption u/s 80G(5)(vi) of the act - issue in appeal of assessee is allowed. - I.T.A.No.4368/Del/2011 - - - Dated:- 2-11-2012 - SHRI B.R. MITTAL, AND SHRI B.R. JAIN, JJ. Appellant by: S/Shri Ashwani Taneja Somil Aggarwal. Respondent by: Shri Deepak Sehgal, Sr. DR ORDER PER B.R. MITTAL, JUDICIAL MEMBER This appeal is filed by the assessee against order of the Director of Income-tax (Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complying with the directions of the Commissioner for furnishing documents or information shall be excluded. However, at the time of hearing the learned AR submitted that the said objection of the assessee that the impugned order passed by the DIT(E) is barred by limited is not pressed for. We also do not propose to deal with the above issue for the reason that the order of the learned DIT(E) is not dated. The learned DIT(E) has also mentioned in the impugned order the date of application of the assessee trust is dated 30th March, 2011. 3. Be that as it may, the Finance (No.2) Act, 2009 with effect from 1st October, 2009 has omitted the Proviso to sec. 80G(5)(vi) of the Act. Prior to omission of said Proviso it provided that any appro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proviso as explained in the explanatory memorandum to Finance (No.2) Bill, 2009 was as under:- Further as per clause (vi) of sub-section (5) of section 80G of the Income-tax Act, 1961, the institutions or funds to which the donations are made have to be approved by the Commissioner of Income-tax in accordance with the rules prescribed in rule 11AA of the Income-tax Rules, 1962. The proviso to this clause provides that any approval granted under this clause shall have effect for such assessment year or years as may be specified in the approval. Due to this limitation imposed on the validity of such approvals, the approved institutions or funds have to bear the hardship of getting their approvals renewed from time to time. This is undu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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