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2018 (5) TMI 625 - AT - Income TaxRejection of application for approval u/s 80G - rejection of claim as assessee society has sufficient disposable funds available with it and no reason was given for seeking funds by way of donation, as appropriate - proof of charitable activities - Held that:- The sufficiency of funds available with an institution seeking the approval is no where mentioned as condition to be looked into before granting approval. Rightly pointed out by the assessee the primary conditions to be fulfilled are that it should be established for charitable purpose, carrying out only charitable activity and should not be for the benefit of any caste or religion. The facts emerging from the order of the CIT(E) itself is that the assessee society is registered u/s 12AA of the Act as a charitable society entitled to claim exemption u/s 11 of the Act and has also been granted approval u/s 10(23C)(vi) of the Act making it eligible to claim exemption under the said section as university/institution established wholly for the purpose of imparting education and not for the purpose of generating profits. CIT(E) has not given any cognizance to the above facts and has in fact not examined the eligibility of the assessee to grant of approval vis a vis the conditions set out in section 80G(5) - Restore the issue back to the Ld.CIT(E) to reconsider the application for grant of approval strictly in the light of the conditions set out in section 80G(5) - Decided in favour of assessee for statistical purposes.
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