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2019 (11) TMI 1538 - AT - Income TaxGrant of exemption u/s 80G(5)(vi) - appellant institution is involved in educational activities that are charitable in nature or not? - Whether exemption u/s 80G(5)(vi) cannot be denied to an institution for not having substantial activity at its initial stages? - HELD THAT:- As per this income and expenditure account up to 31.03.2018, it appears that no activity was carried out except incurring some administrative expenses. But still we feel that in the interest of justice, the matter shall go back to the file of ld. CIT(E) for fresh decision and hence, we set aside the order of ld. CIT(E) and restore the matter back to the file of ld. CIT(E) for fresh decision with the direction that the assessee should furnish the income and expenditure account and balance sheet for the year ended 31.03.2019 and for the current year up to 31.10.2019 or a date closure to the date when it is submitted before CIT-E and bring other evidence on record in support of assessee’s claim that charitable activities are carried out by the assessee and after considering the same, ld. CIT(E) should pass necessary order as per law after providing reasonable opportunity of being heard to the assessee - Appeal filed by the assessee is allowed for statistical purposes.
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