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2019 (12) TMI 1413 - AT - Income TaxGrant of approval u/s. 80G(V)(vi) denied - evidence filed by the assessee showed that no charitable activity was carried on by the trust - application for grant of registration u/s. 12A allowed - HELD THAT:- As decided in case of Bhima Foundation [2019 (9) TMI 1465 - ITAT BANGALORE] Tribunal came to the conclusion that the assessee trust is newly set up and when the approval u/s. 80G is sought for and when the period between the formation of trust and examination of application of the assessee for grant of approval u/s. 80G of the Act was only a period of 5 months, it is not possible for such organization to demonstrate the actual carrying of its activities. The Tribunal placed reliance on the decision of DIT(E) v. Meenakshi Amma Endowment Trust, [2010 (11) TMI 853 - KARNATAKA HIGH COURT] and came to the conclusion that for want of proof of activities of a trust, when the trust was yet to commence its activities, an application for grant of registration u/s.12A cannot be rejected. The Tribunal also placed reliance on the decision of ITAT Jaipur Bench in the case of Anand Incubation Centre v. CIT(E)[2017 (11) TMI 77 - ITAT JAIPUR] wherein on identical facts, approval u/s. 80G was directed to be granted. Thus , we direct the CIT(E) to grant registration to the assessee u/s. 80G - Decided in favour of assessee.
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