Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (8) TMI 599 - ITAT VISAKHAPATNAMGrant of recognition u/s 80G denied - assessee society is not maintaining the addresses of the donors - Held that:- The assessee society again applied for recognition u/s 80G of the Act in form no.10G dated 20.12.2011 filed on 1.2.2012. The Ld. Commissioner after considering the detailed submissions filed by the assessee, he has pointed out that in the Memorandum of Association of assessee society, winding up clause was missing. We find that this is not material to grant recognition u/s 80G of the Act. So far as the accumulation of income is concerned, we find that there is no accumulation, therefore, this objection is not correct. We find that the Ld. Commissioner rightly denied the recognition u/s 80G of the Act on the ground that the assessee society is not maintaining the addresses of the donors. Before us, the Ld. Counsel for the assessee has filed all the details of the donors. In view of the above, we find that it is appropriate to remit the matter back to the A.O. to consider the details of the donors, to pass an order de-novo, in accordance with law after being given a reasonable opportunity of being heard. In view of the above, we set aside the order passed by the Ld. Commissioner and direct him to consider the details filed by the assessee and pass orders in accordance with law. - Decided in favour of assessee for statistical purposes..
|