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TMI Blog2020 (4) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... trust/memorandum of Association dated 10/11/11. Assessee has obtained certification under section 12 a read with section 12 AA (1) (b) (i) of the act on 26/11/2017 w.e.f. assessment year 2017-18 in the status of 'Charitable Trust'. Subsequently, assessee applied for registration under section 80G, along with necessary details in Form 10G, on 19/01/19 which was rejected by Ld. CIT(E). It is submitted that Ld. CIT(E) issued letters calling for details. In this regard, assessee submitted replies. Ld. CIT(E) after considering the details filed, rejected assessee's application seeking grant of recognition under section 80 G of the Act vide impugned order on the ground that; "as could be seen from the above, the trust is generating surplus year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf granted assessee registration under section 12 AA of the Act. He submitted that placing reliance upon decision of Hon'able Karnataka High Court in case of Ganjam Nagappa and Sun trust vs DIT(E) (supra), Ld. CIT (E) records that, Commissioner in receipt of an application for recognition u/s.80G, has to satisfy himself about objects of the company or institution, and guidelines of its activities. Ld.AR submitted that there is nothing brought on record by Ld. CIT(E) to establish violation of section 80 G of the act, and that Ld. CIT (E) himself granted assessee registration under section 12 AA of the Act. It was thus submitted by him that there is no basis for rejecting the application for recognition under section 80G. 4. On the contrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laced reliance upon decision of M/s. Indic Science Research Trust vs. CIT(E), (supra), wherein relying on decision of coordinate bench of this Tribunal in case of M/s. Manipal Alumini of Nephrology Trust in ITA No. 548 and 549/B/2013, this Tribunal remanded the issue to Ld. CIT(E), for fresh consideration. 5.3. In our view reasons cited by Ld. CIT(E)(supra), are not the requirements mandated by provisions of the act, and cannot be the basis for rejection of assessee's application for recognition under section 80G. We also noticed that Ld. CIT(E) has not examined the application of assessee in terms of section 80 G (5) of the Act. Thus, respectfully following the view taken by coordinate benches of this Tribunal in above referred decisions, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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