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2014 (1) TMI 604 - AT - Income TaxRejecting of application for approval u/s 80G of the Act – Held that:- The assessee has not spent any money for charitable activity during the previous year relevant to the assessment year 2006-07 - The assessee has spent more than 5% of the income for religious purpose - The observation/ note said to be made by the Commissioner who was holding additional charge on 17-10-2012 is contrary to the materials available on record - The assessee is not entitled for approval u/s 80G(5)(vi) of the Act. The Tribunal is of the opinion that the High Court directed the Commissioner to pass order either by granting or rejecting approval under Rule 11AA(4) or 11AA(5) of the Income-tax Rules, 1962 - Since it is a remanded matter by the High Court and direction to pass order after verifying the books of account, this Tribunal is of the considered opinion that the limitation prescribed under rule 11AA(6) shall not be applicable - The consequence of not passing the order within the prescribed time was not provided in the Act – The approval was not granted – Decided against assessee.
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