Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (2) TMI 1388 - AT - Income TaxGrant of approval u/s. 80G - registration u/s. 80 G was denied to assessee due to lack of activities during initial stages - main objectives of the assessee was establishing and running educational institutions - HELD THAT:- As relying on M/S. BHIMA FOUNDATION VERSUS THE COMMISSIONER OF INCOME-TAX (EXEMPTION) , BENGALURU. [2019 (9) TMI 1465 - ITAT BANGALORE] assessee trust is newly set up and when approval u/s. 80 G is sought for and when period between formation of trust and examination of application of assessee for grant of approval u/s. 80 G of the Act was very short, it is not possible for such organisation to demonstrate actual carrying of its activities. This Tribunal placed reliance on decisi in case 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 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 decision of ITAT Jaipur Bench in the case of Anand incubation Centre [2017 (11) TMI 77 - ITAT JAIPUR] wherein on identical facts, approval u/s. 80G was directed to be granted - we hereby direct Ld. CIT (E) to grant registration to assessee trust u/s 80G - Decided in favour of assessee.
|