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2016 (10) TMI 929 - BOMBAY HIGH COURT

2016 (10) TMI 929 - BOMBAY HIGH COURT - TMI - Eligibility of deduction u/s 80G - ITAT allowed the claim - Held that:- Impugned order of the Tribunal has on the basis of the clear provision of Section 80G of the Act recorded that the respondent assessee completely satisfies / fulfills all the conditions specified in Section 80G(5) of the Act for the purposes of availing benefit under Section 80G of the Act. This coupled with the fact that the Revenue itself has also not taken any proceedings to h .....

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revenue - Income Tax Appeal No. 902 of 2014 - Dated:- 15-10-2016 - M. S. Sanklecha And S. C. Gupte, JJ. Mr. A.R. Malhotra a/w Mr. N.A. Kazi for the appellant None for the respondent ORDER P. C. 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) challenges the order dated 13th November, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2011-12. 2. The Revenue has urged following question of law for our consid .....

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ct. On 2nd December, 2011, the respondent Trust applied to the Director of Income Tax (Exemption) for renewal of Certificate / approval under Section 80G of the Act. The application was rejected by an order dated 1st August, 2012 by the Director of Income Tax (Exemption). This rejection was on the ground that the Trust had obtained unsecured loan of ₹ 50 lakhs from third parties without obtaining prior approval of the Charity Commissioner as required under Section 36A(3) of the Bombay Publ .....

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n the trust being disqualified from being approved under Section 80G of the Act. It held that the very fact that the Revenue had not initiated any action under Section 12AA of the Act to revoke its registration would imply that the activities of the Trust are genuine. Moreover, the Tribunal also records the fact that the Charity Commissioner has not taken any action against the respondent assessee for violation of the provisions of Section 36A of the Bombay Public Trust Act, 1950 in having borro .....

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