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2020 (5) TMI 16 - AT - Income TaxExemption u/s 11 - refusing to grant recognition u/s 80G - genuineness of the activities for grant of approval u/s 80G[5](vi) cannot be verified - Assessee is a charitable trust established vide trust deed to run either with the college (education) and also to carry out charitable activities under relief of poor AND assessee obtained registration under section 12AA - HELD THAT:- Undisputedly, assessee has been granted registration under section 12 AA of the Act, and that there is nothing on record brought out by authorities below, or Ld.CIT DR regarding violation of objects of Trust. Grant of approval/recognition u/s 80 G can act as catalyst to encourage prospective donors to look at intended activities/objects and possibly provide financial support through donations/contributions. In the facts of present case, assessee was holding valid registration under section 12 AA as on date of impugned order, which conversely means that Ld.CIT (E) was satisfied with objects of assessee in not disputing the registration under section 12 AA. Reasons cited by Ld. CIT(E)(supra), are not the requirements mandated by provisions of the act, and cannot be the basis for rejection of assessee’s application for recognition under section 80G. We also notice that Ld.CIT(E) has not examined the application of assessee in terms of section 80 G (5) - we remand the question of grant of approval under section 80 G (5) (vi) to Ld.CIT (E) for fresh consideration - Decided in favour of assessee for statistical purposes.
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