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2023 (8) TMI 671 - AT - Income TaxApproval u/s. 80G - Application filed by the assessee in Form no. 10AB for grant of approval u/s. 80G(5) rejected - HELD THAT:- No doubt, there are clauses in the object clause in MOA viz. clause 1 and 6 , which permits the carrying on activities which are religious in nature, and the assessee case is prima-facie hit by the judgment and order of Upper Ganges Sugar Mills Limited [1997 (8) TMI 4 - SUPREME COURT] but to arrive at the decision in the instant case of the assessee that these objects in MOA are wholly , or substantially wholly , of a religious nature, requires inquiry by ld. CIT(E). Thus, interest of justice will be best sub-served, if the order of ld. CIT(E) is set aside and matter is restored back to the file of ld. CIT(E) for adjudication afresh of the application filed by the assessee in Form No. 10AB on 29.09.2022 for grant of approval u/s 80G(5) , on merit in accordance with law.
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