TMI Blog2018 (1) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... me of framing assessment. In the cases of the assessee trust and society, the objectives have already been examined by the CIT(E) while granting registration u/s 12AA. The 80G(5) subsists the 12AA so far as examination of charitable nature of objectives is concerns. Thus, both on facts and in law the assesses’ case are squarely covered by ‘CIT vs. Puja Shri Jalrambapa and Matushri Virbaima Charitable Trust’ (2014 (11) TMI 1165 - GUJARAT HIGH COURT). Respectfully following the Hon’ble Gujarat High Court in the case of ‘CIT vs. Puja Shri Jalrambapa and MatushriVirbaima Charitable Trust (Supra), we, find the grievance of the assessee society and trust justified and therefore, direct the CIT(E) to grant approval u/s 80G(5)(vi). - Decided in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not justified in rejecting the application of the assessee society for approval u/s 80G(5) of the I.T. Act for the reason that the assessee society has been granted registration u/s 12AA by the ld. CIT(E) vide order dated 04.05.2016 (APB-10 to 11); that in compliance to the questionnaire dated 20.10.2016 of the CIT(Exemptions), detailed written submissions have been filed before the CIT(E) vide letter dated 16.11.2016 (APB,17-18).Thus, both in law and on facts, the rejection of the application by the ld. CIT(E) u/s 80G(5)(vi) is illegal. 5. For this purpose, he placed reliance on the decision of the Hon ble Gujarat High Court in the case of CIT vs. Puja Shri Jalrambapa and MatushriVirbaima Charitable Trust,in Tax Appeal No. 1190 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t under Section 80G(5) of the Act. Since, the 'issue is squarely covered by the aforesaid decisions, we refrain ourselves from making any further observations. 7. In the result, the issue is answered in favour of the assessee and against the revenue. The present appeal fails and is DISMISSED. No order as to costs. 6. Ld. DR on the other hand, placed strong reliance on the impugned order contending that the CIT(Exemptions) has specifically recorded in his order that assessee has not produced the books of account or vouchers; that assessee society is not solely existent for charitable purposes; that huge amounts are being received for membership fees/voluntary contributions; that huge amounts is generated sale of items prepare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the amount received by the Trust is incurred on the construction of the temple for which a significantly high construction cost is reflected in the balance sheet. 9. Challenging the impugned order, the ld. counsel for the assessee submitted that the reasons recorded by the ld. CIT(Exemptions) are not related to the grant of registration;that the assessee is regularly filing its returns of income; that the statement of receipt and expenditure accounts were filed before the CIT(Exemptions); that the assessee trust has no income for the A.Ys 2013-14, 2014-15 and 2015-16 and only the donation as a corpus contribution is received and initiated for the specific purpose of the construction of the temple; that the assessee has complied with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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