TMI Blog2021 (10) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... may be condition precedent for achieving the objects for which the trust is established. On identical factual situation, in the case of M/s.Chiranthana v. CIT(E) [ 2020 (1) TMI 1332 - ITAT BANGALORE ] had held that rejection of assessee s application for the sole reason that no activities has been started by the assessee is not correct and not mandated as per the provisions of the Act. The Co-ordinate Bench of the Tribunal after holding that the reasons stated by the CIT(E) cannot be a ground to deny the benefit of recognition u/s 80G(5)(vi) of the I.T.Act, restored the matter to the CIT(E) for de novo consideration. Thus in the present we restore the case to the files of CIT(E). The CIT(E) is directed to consider the assessee s app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... genuineness of the activities for grant of approval u/s 80G(5) [vi] 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. 5. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by refusing to grant recognition under the said section. The relevant finding of the CIT(E) reads as follows:- the details submitted are verified. As verified from the documents and financials submitted, there are no noticeable charitable activities as on date from the date of formation of trust. Hence, in the absence of no noticeable charitable activities, the genuineness of the charitable activity could not be examined to decide to grant recognition u/s 80G of the I.T.Act. Hence there is no option but to reject the application for grant of recognition u/s 80G(5)(vi) of the I.T.Act, 1961, as not eligible. In this connection reliance is placed on the following decisions:- Hon ble Kerala High Court in the case of Self Employer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le activities to begin, the money required is received through donation and there encouragement for donors to donate when the trust is recognized u/s 80G of the I.T.Act. Therefore, grant of recognition u/s 80G of the I.T.Act may be condition precedent for achieving the objects for which the trust is established. On identical factual situation, the Bangalore Bench of the Tribunal in the case of M/s.Chiranthana v. CIT(E) (supra) had held that rejection of assessee s application for the sole reason that no activities has been started by the assessee is not correct and not mandated as per the provisions of the Act. The Co-ordinate Bench of the Tribunal after holding that the reasons stated by the CIT(E) cannot be a ground to deny the benefit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, we remand th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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