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2015 (10) TMI 2766 - AT - Income TaxGrant of approval u/s 80G(5)(vi) - assessee is a society registered under the Society Registration Act and was granted the registration under section 12AA - HELD THAT:- We find that the finding given by the learned Commissioner of Income Tax (Exemption) that neither the assessee had spent 85% of gross receipts, nor has it made a declaration in Form No.10 is factually incorrect. In these circumstances, the order of the learned Commissioner of Income Tax (Exemption) rejecting the application under section 80G of the Act is not as per law. There is one more sound reason for quashing the said order of the Commissioner of Income Tax (Exemption) rejecting the application for approval under section 80G of the Act. The provisions of section 11(2) are not relevant for granting approval under section 80G of the Act. This aspect of granting approval under section 80G of the Act has been very aptly discussed in the order of the Chandigarh Bench of the I.T.A.T. in the case of Shri Krishna Kirpa Gaushala Samiti Vs. CIT(E) [2015 (9) TMI 1563 - ITAT CHANDIGARH] where on the issue of anonymous donation as appearing in Section 115BBC of the Act, the approval sought by the assessee under section 80G of the Act was rejected. In the present case also, the only reason given by the Commissioner of Income Tax(Exemption) is the provision of section 11(2) of the Act, which is not at all relevant for the said purpose, which otherwise is also factually incorrect. In view of the above, we direct the learned Commissioner of Income Tax (Exemption) to grant the assessee approval under section 80G of the Act.
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