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2019 (11) TMI 605 - HC - Income TaxRegistration u/s 80G - CIT(E) rejected the application u/s 80G stating it can not be ascertained as to whether the society is applying its funds or not on its proposed activities - ITAT allowed the registration - HELD THAT:- Tribunal noticed that during the pendency of the application under Section 12AA of the Act, detailed investigation was conducted by the Income Tax Officer (Exemptions) into all factors as are required to be considered under Section 12AA and it was only after the assessee had satisfied all the conditions that the application under Section 12AA allowed. It is also not in dispute that the conditions numerated under Section 12AA are in parimeteria with the conditions as enumerated under Section 80G. The Tribunal rightly relied upon CIT Vs. Thangadagi Trust [2016 (3) TMI 595 - KARNATAKA HIGH COURT] and Vinayaka Vidyaniketan, Indiranaga Vs. CIT (Exemption) [2016 (2) TMI 746 - ITAT BANGALORE] and held that the CIT(E) had erred in not allowing the application under Section 80G. In our opinion the reasoning of the Tribunal is apt. We find that the Commissioner had taken an unduly harsh and pedantic view of the matter and once it is not disputed that the stringent conditions under Section 12AA have been satisfied, the further action can only be taken at the end of the financial year to determine whether any donation etc or other the conditions of Section 80G have or have not been fulfilled.
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