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2020 (9) TMI 241 - ITAT PUNERecognition u/s.80G denied - Registration u/s.12AA of the Act was granted - exemption u/s 11 - assessee e-filed application in Form No.10G for grant of recognition u/s.80G - HELD THAT:- Only after the institution or fund has been registered u/s 12AA etc. that, on an application made by it, the exercise of examination of the satisfaction of conditions of section 80G read with rule 11AA gets triggered. From the Profit and loss account of the assessee for the year ending 31-03-2018, the ld. CIT(E) found that no activities were carried out. We gave also gone through such P&L account and find that there is Nil expenditure on its Expenditure side. The assessee, in fact, filed application for recognition u/s.80G on 20-02-2019 and the impugned order came to be passed on 31-08-2019. It is the case of the assessee that when the ld. CIT(E) rejected the assessee’s application u/s.80G, the accounts for the year ending 31-03-2019 were under preparation, which could not be filed and such accounts actually got finalized a little later. AR made a statement at the Bar that for the year ending 31-03-2019, the assessee received a sum of ₹ 3.53 lakh as donation and incurred expenditure of ₹ 4.04 lakh on the activities of the trust. Since such Profit and loss account showing expenditure on activities of the assessee was not available before the ld. CIT(E), without commenting on the merits of the matter, we set-aside the impugned order and remit the matter to the file of ld. CIT(E) for deciding the case afresh after considering the relevant evidence including Profit and loss account for the year ending 31-03-2019. Needless to say, the assessee will be allowed sufficient hearing opportunity before reaching any decision. - Appeal is allowed for statistical purposes.
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