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2015 (1) TMI 63 - HC - Income TaxRejection of application for recognition u/s 80G(5) – Whether the Trust had failed to spent 85 per cent of the amount towards the objects of the Trust - Held that:- The similar matter has been decided in Commissioner of Income Tax Versus Shree Govindbhai Jethalal Nathavani Charitable Trust [2014 (8) TMI 561 - GUJARAT HIGH COURT] - At the time of granting approval u/s 80G of the Act, what is to be examined is the object of the trust and so far as the aspect of income is concerned, same can be very well examined by the AO at the time of framing assessment - the assessee-Trust was refused recognition only on the ground that it had not spent 85 per cent of the amount towards the objects of the Trust – the Tribunal relied upon CIT VS. SURYA EDUCATIONAL & CHARITABLE TRUST [2011 (10) TMI 47 - PUNJAB AND HARYANA HIGH COURT] wherein it has been held that at the stage of registration u/s 12AA of the Act, the extent and nature of activities are not required to be examined and the same is required to be examined in assessment proceedings - the Tribunal committed no jurisdictional error in issuing direction to grant recognition to the Trust u/s 80G(5) – Decided against revenue.
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