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2020 (1) TMI 1017 - AT - Income TaxApproval u/s 80G(5)(vi) denied - contention has been raised is that the company has been formed to carry out the corporate social responsibility of the other company - Whether registration u/s 12A was not sufficient condition for claiming approval under section 80G(5) ? - HELD THAT:- There is no averment or allegation that the assessee-company does not fulfil the condition as required under section 80G(5) So far as the contention of the learned Commissioner of Income-tax (Exemptions) that the company has been formed to fulfil the corporate social responsibility of the another company, the issue has been settled by the co-ordinate Delhi Bench of the Tribunal in Nanak Chand Jain Charitable Trust v. CIT(E) [2018 (2) TMI 874 - ITAT DELHI] wherein, it has been held that merely because the assessee-trust/ company has been formed by another company for complying the corporate social responsibility requirements, it cannot be denied registration under section 12AA unless the genuineness of the activities of the assessee-trust or its charitable objects is doubtful. Also see ESCORTS SKILL DEVELOPMENT VERSUS CIT (EXEMPTIONS) , CHANDIGARH [2019 (5) TMI 770 - ITAT DELHI] - Decided in favour of assessee.
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