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2017 (5) TMI 536 - AT - Income TaxApproval of exemption u/s 80G(5)(vi) - expenditure for a non-chartiable purpose - Income & Expenditure account of the applicant trust shows that the main expenditure was incurred by the applicant by way of donation to another trust - Held that:- There is no such clause in the trust deed that the assets and properties of the trust shall be considered for transfer to any other society / trust with identical aims and objects. The Ld. CIT(E) observed that on perusal of the Income & Expenditure account of the applicant trust shows that the main expenditure was incurred by the applicant by way of donation to another trust namely Shri Krishan Parnami Manav Sewa Trust, Hisar, However, the applicant trust himself has not made any such expenditure for a charitable purpose, which is covered u/s. 2(15) of the Income Tax Act. We also note since the Applicant was not qualified for exemption u/s. 12AA of the I.T. Act, 1961 and its application for registration u/s. 12AA was rejected by the Ld. CIT(E) vide his order dated 7.5.2015. And against the Ld. CIT(E)’s aforesaid order, the Assessee appealed before the Tribunal and the Tribunal while dealing in assessee’s own case has set aside the issue in dispute to the file of the Ld. CIT(E) to decide the issue afresh and at present the Assessee has not been exempted u/s. 12AA of the I.T. Act, therefore, the Applicant was not qualified for grant of approval under section 80G of the Income Tax Act, hence, the Application for grant of approval u/s. 80G was rightly rejected by the Ld. CIT(E) - Decided against assessee.
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