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2016 (3) TMI 595 - KARNATAKA HIGH COURT

2016 (3) TMI 595 - KARNATAKA HIGH COURT - TMI - Eligibility for approval under Section 80 G(5)(vi) - Whether approval under Section 80 G(5)(vi) can be granted before the end of financial year, when the trust/institution had not appended the accounts for the accounting year? - Held that:- The assessee commenced activity by providing notebooks to school children and publication of development of the region and in order to support the activity was only by way of flow of finance, which can happen on .....

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6002/2011 - Dated:- 25-2-2016 - RAM MOHAN REDDY AND B MANOHAR, JJ For the Petitioner : Ameet Kumar Deshpande, Adv JUDGEMENT PER: RAM MOHAN REDDY: The substantial question of law that was framed when this appeal was admitted on 20.04.2011 reads thus: Whether approval under Section 80 G(5)(vi) of Income Tax Act can be granted before the end of financial year, when the trust/institution had not appended the accounts for the accounting year? 2. Few facts necessary for decision making are:- The asses .....

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ed by the assessee on 27.02.2010 recorded the philanthropic activities of the trust, which was not commenced as on the date of making application for grant of approval under Section 80G5(iv) of the Act and therefore, was unable to annex the accounts in Form 10A or Form 10G. In the hearing before the CIT, Gulbarga, the representative for assessee submitted that the assessee had commenced activities by providing notebooks to school children, publication showing the historical and cultural importan .....

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opinion of the CIT, Gulbarga, (i) even it there is nil income, the prescriptions and prohibitions incorporated under Sections 11, 12 and 13 have to be complied with whereupon a decision for the whole year can be taken and not for part of the year; (ii) an undated certificate under Section 13(1)(c) of the Act furnished by the trustees annexed to Form 10G dated 22.07.2009 certifying there was no violation of provision of Section 13(1)(c) of the Act does not qualify as presumption in favour of the .....

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for short the Tribunal ) where the assessee representative advanced the plea that the application for grant of approval under Section 80G of the Act when filed on 05.08.2009, in terms of rule 11 AA(6) of the rules was barred by limitation to pass an order and therefore recognition under Section 80G of the Act was deemed to have been granted by the revenue. 4. In opposition the departmental representative supported the order of the CIT, Gulbarga and submitted that the applicant trust was at liber .....

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(23AA) or clause (23C) of Section 10 of the Act, recognition under Section 80G(5)(iv) could be granted. It was further observed that recognition under Section 80G of the Act cannot be granted on the presumption of compliance of the Act , even though genuine donors are deprived of the benefits of the Act. 6. In view of 80G(5)(i) of the Act the Tribunal observed that when an institution/trust derives any income, such income would not be liable to inclusion in its total income by virtue of its rec .....

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