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2022 (3) TMI 879 - AT - Income TaxExemption u/s 80G(5)(vi) - denial of claim as assessee has not produced sufficient proof on the activities of the assessee-trust - it is not possible to verify the genuineness of the activities of the assessee-trust - HELD THAT:- The very same Officer who refused to grant approval u/s 80G of the Act, was the Officer, who granted registration u/s 12AA of the Act a day prior, i.e., on 23.03.2021. We fail to understand how registration u/s 12AA has been granted on 23.03.2021 when the Officer concerned has not been able to examine the genuineness of the activities of the assessee-trust. The starting of activities of the trust is not a condition precedent for grant of approval u/s 80G of the I.T.Act. On receipt of the approval u/s 80G the assessee would be receiving donations. The receipts of money through donations are the lifeline for starting the charitable activities of the assessee-trust. In the interest of justice and equity, we are of the view that the matter needs to be examined afresh by the CIT(E). Accordingly, the issue raised in this appeal is restored to the files of the CIT(E) for de novo consideration. Assessee appeal is allowed for statistical purposes.
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