TMI Blog2020 (5) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... Trust. Grant of approval/recognition u/s 80 G can act as catalyst to encourage prospective donors to look at intended activities/objects and possibly provide financial support through donations/contributions. In the facts of present case, assessee was holding valid registration under section 12 AA as on date of impugned order, which conversely means that Ld.CIT (E) was satisfied with objects of assessee in not disputing the registration under section 12 AA. 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 notice that Ld.CIT(E) has not examined the application of assessee in terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act cannot be verified and consequently, the impugned order passed by the learned CIT(E) deserves to be cancelled and the appellant requires to be granted recognition u/s 80G of the Act. 4. For the above and other grounds that may be urged at the time of hearing of the appeal, your appellant humbly prays that the appeal may be allowed and justice rendered and the appellant may be awarded costs in prosecuting the appeal and also order for the refund of the institution fees as part of the costs. Brief facts of the case are as under: 2. Assessee is a charitable trust established vide trust deed dated 07/11/2005 to run either with the college (education) and also to carry out charitable activities under relief of poor. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w. 3. Ld. AR submitted that, its application for grant of registration under section 12 AA of the Act is valid as on date of rejection of application grant of recognition under section 80G of the Act. Ld.AR submitted that Ld.CIT(E) dismissed assessee s application on the ground that trust generated surplus year after year and majority of receipts are by way of tuition fee and others and that assessee has not made out case seeking recognition under section 80 G. 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 co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge prospective donors to look at intended activities/objects and possibly provide financial support through donations/contributions. In the facts of present case, assessee was holding valid registration under section 12 AA of the Act, as on date of impugned order, which conversely means that Ld.CIT (E) was satisfied with objects of assessee in not disputing the registration under section 12 AA. 5.2. Ld.AR placed reliance upon decision of M/s. India 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 ci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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