TMI Blog2019 (11) TMI 1538X X X X Extracts X X X X X X X X Extracts X X X X ..... back to the file of ld. CIT(E) for fresh decision with the direction that the assessee should furnish the income and expenditure account and balance sheet for the year ended 31.03.2019 and for the current year up to 31.10.2019 or a date closure to the date when it is submitted before CIT-E and bring other evidence on record in support of assessee s claim that charitable activities are carried out by the assessee and after considering the same, ld. CIT(E) should pass necessary order as per law after providing reasonable opportunity of being heard to the assessee - Appeal filed by the assessee is allowed for statistical purposes. - ITA No. 1619/Bang/2019 - - - Dated:- 15-11-2019 - Shri Arun Kumar Garodia, Accountant Member And Smt. Beena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med, on 31.08.2017 and therefore is eligible for exemption u/s 80G(5)(vi) of the Act. 8. The learned C.I.T. (E) has erred in law by disallowing the assessee exemption u/s 80G(5)(vi) of the Act. 9. The learned C.I.T. (E) failed to appreciate the fact that the institution is newly established. 10. The order of assessment as passed by the C.I.T. (E) is not sustainable in the eye of law as the institution is newly formed and is therefore not subject to rejection of grant of exemption u/s 80G(5)(vi) of the Act based on the absence of substantial activities. 11. Without prejudice, the disallowance is excessive, arbitrary, unreasonable and ought to be deleted in toto. 12. The learned C.I.T. (E) has erred in passing an order without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions. We find that as per the impugned order, this is the finding of ld. CIT(E) that the assessee has not carried out noticeable activities u/s. 80G of the IT Act in the order of ld. CIT(E) dated 27.05.2019. In the paper book filed before us, the assessee has furnished copy of income and expenditure account for the year ended 31.03.2018 but the subsequent income and expenditure account for the year ended 31.03.2019 is not available in the paper book. As per this income and expenditure account up to 31.03.2018, it appears that no activity was carried out except incurring some administrative expenses. But still we feel that in the interest of justice, the matter shall go back to the file of ld. CIT(E) for fresh decision and hence, we set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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