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2023 (6) TMI 1068 - ITAT PUNEDenial of Registration u/s. 12AB - Assessee claimed that it has furnished all the details - CIT(E) noted that assessee did not furnish proper evidence in support of its reply and whatever was furnished was cryptic, inadequate and non-verifiable - HELD THAT:- The prescription of section 12AB(1)(b)(i) is that where the application is made under sub-clause (ii) or sub-clause (iii) or sub-clause (iv) or subclause (v) of the said clause, CIT(E) may call for such documents or information from the trust or institution or make such inquiries as he thinks necessary in order to satisfy himself about - (A) the genuineness of activities of the trust or institution; and (B) the compliance of such requirements of any other law for the time being in force by the trust or institution as are material for the purpose of achieving its objects. Having seen all the documents furnished by the assessee as called for by him, CIT(E) failed to point out anything adverse either against the genuineness of the activities of the trust or the compliance of other laws. In our considered opinion, when the Trust Deed was there before the CIT(E) and the assessee furnished all the necessary details of the activities carried out up to the stipulated date, there was no reason for the ld. CIT(E) to deny the benefit of registration u/s. 12AB without specifically pointing out the nonfulfillment of the requisite condition(s) for the grant of registration. We, therefore, overturn the impugned order and direct to grant the registration u/s. 12AB of the Act. The facts and circumstances for the other appeal in respect of rejection of approval u/s. 80G(5) are mutatis mutandis similar. CIT(E) has given the same reasons for denial of approval u/s. 80G(5) as were given in his order rejecting the grant of registration u/s. 12AB. Appeal against registration u/s. 12AB, we overturn the impugned order and direct to grant approval u/s. 80G of the Act. Appeal of assessee allowed.
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