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2020 (6) TMI 150 - AT - Income TaxRecognition u/s 80G - already granted registration under section 12 AA - Denial of recognition as trust is generating surplus year after year and majority of receipts are by way of tuition fee and others. The assessee has not made out case for seeking Greg recognition under section 80G - 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 under section 80G 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 u/s 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. In our view reasons cited by Ld.CIT(E) 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) of the Act. As relying on M/S. INDIC SCIENCE RESEARCH TRUST VERSUS THE COMMISSIONER OF INCOME-TAX (EXEMPTIONS) , BENGALURU. [2018 (7) TMI 1902 - ITAT BANGALORE] we remand the question of grant of approval under section 80 G (5) (vi) of the Act to Ld.CIT (E) for fresh consideration - Decided in favour of assessee for statistical purposes.
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