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2019 (5) TMI 1545 - AT - Income TaxApproval u/s 80G(5) denied - alleged that assessee society is not engaged in any charitable activity - registration u/s 12AA(1)(b)(i) - HELD THAT:- The registration so granted to the assessee society u/s 12AA is still continuing shows that the activities being carried out by the assessee society are charitable in nature and once the assessee society is in possession of registration u/s 12AA, granting of approval u/s 80G(5)(vi) of the Act, in our opinion, is consequential. It is well settled position of law that at the time of granting approval u/s 80G, what is to be examined is the object of the trust and so far as the aspect of income is concerned, the same can be very well examined by the AO at the time of framing assessment. We note that at the time of granting approval u/s 80G, only the object of trust is required to be examined and, therefore, assessee's application seeking approval u/s. 80G(5) could not be rejected on ground that the assessee society is not engaged in charitable activities. We set aside the order of the CIT and restore the matter to his file for readjudication of the request of the assessee for approval u/s 80G(5), as per law. - Appeal of assessee allowed for statistical purposes.
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