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TMI Blog2022 (12) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... e brief facts of the case is the assessee is an Education Trust which got registration under Section 12AA of the Income Tax Act. The assessee made application for registration of the Trust under Section 80G(5) of the Act on 04.08.2017 by filing Form No. 10G under Rule 11AA of the Income Tax Rules. The Ld. CIT(E) vide letter dated 28.09.2017 requested the Trust to furnish detailed note on the activities actually carried out by the Trust with document and details. As per Rule 11AA(2) assessee has to submit notes and activities of the institution of funds since its inception during last three years. Apart from this Form No. 10G also requires assessee to submit notes of activities. However, the assessee has not produced any details as called fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of section 80G(5] of the IT Act. The trust deserves recognition U/s. 80G(5). 4. The Ld. C.I.T. has erred in coming to the conclusion based on irrelevant aspect that the trust has not carried out activities which entitle it's for recognition U/s. 80G(5) as per object of the trust. The trust deserves recognition U/s. 80G(5). 5. The Ld. C.I.T. has erred in not considering the real aspect of the provisions of section 80G[5) of the IT Act, 1961. The trust deserves recognition U/s. 80G(5). 6. Taking into considering the legal, factual and statutory aspect of the object of the trust, the Ld. C.I.T. ought to have granted recognition U/s 80G[5] as applied for. It is therefore prayed that the order passed by the Ld. C.I.T. refu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable on record. The case of the Assessee Trust that it were being enjoying exemption under Section 12AA of the Act for long time and also granted exemption under Section 80G(5) of the Act between 01.04.1998 to 31.03.2001. In order to make the renewal of exemption under Section 80G, the assessee filed incomplete Form No. 10G and failed to furnish the required documents as prescribed under Rule 11AA(2) of the Rules. We, therefore, deem it fit to restore the matter back to the file of the Ld. CIT(E) to reconsider the application filed by the assessee, provided the assessee submits all the required and relevant documents as prescribed under Form 10G and then pass order in accordance with law. Needless to say the assessee shall cooperate with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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