TMI Blog2020 (9) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... iture side. The assessee, in fact, filed application for recognition u/s.80G on 20-02-2019 and the impugned order came to be passed on 31-08-2019. It is the case of the assessee that when the ld. CIT(E) rejected the assessee s application u/s.80G, the accounts for the year ending 31-03-2019 were under preparation, which could not be filed and such accounts actually got finalized a little later. AR made a statement at the Bar that for the year ending 31-03-2019, the assessee received a sum of ₹ 3.53 lakh as donation and incurred expenditure of ₹ 4.04 lakh on the activities of the trust. Since such Profit and loss account showing expenditure on activities of the assessee was not available before the ld. CIT(E), without comme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ound that the assessee did not submit any proof in respect of activities carried out. From the Profit and loss account for the year ending 31-03-2018, the ld. CIT(E) found that the assessee incurred Nil expenditure on objects of the company. No financial statements for the F.Y. 2018-19 were furnished. When confronted, it was submitted on behalf of the assessee that the founder of the company was making some Research in Jhalana Leopard Sanctuary, Jaipur on co-existence of leopards and humans. Certain photographs were submitted by the assessee in support of its contention. The ld. CIT(E) did not grant registration on the ground that the assessee failed to lead any evidence about having incurred any expenditure in the financial statements in r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king donations. The relevant rule referred to in sub-section (vi) of section 80G(5) is rule 11AA of the Income-tax Rules, 1962. This rule, in turn, embodies `Requirements for approval of an institution of fund under section 80G . Sub-rule (2)(i) of rule 11AA states that the application shall be accompanied, inter alia, by a copy of registration granted u/s 12A etc. Sub-rule (3) of Rule 11AA states that : The Commissioner may call for such further documents or information from the institution or fund or cause such enquiries to be made as he may deem necessary in order to satisfy himself about the genuineness of the activities of such institution or fund . On a harmonious reading of section 80G(5) and rule 11AA, it becomes crystal cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orated on 10-03-2008. From the Profit and loss account of the assessee for the year ending 31-03-2018, the ld. CIT(E) found that no activities were carried out. We gave also gone through such P L account and find that there is Nil expenditure on its Expenditure side. The assessee, in fact, filed application for recognition u/s.80G on 20-02-2019 and the impugned order came to be passed on 31-08-2019. It is the case of the assessee that when the ld. CIT(E) rejected the assessee s application u/s.80G, the accounts for the year ending 31-03-2019 were under preparation, which could not be filed and such accounts actually got finalized a little later. The ld. AR made a statement at the Bar that for the year ending 31-03-2019, the assessee receive ..... X X X X Extracts X X X X X X X X Extracts X X X X
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