TMI Blog2024 (2) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... see could not rebut any of the finding of the Ld.CIT(E) before us. Therefore, we sustain the order of the Ld.CIT(E) in denying approval u/s 80G of the Act to the assessee trust - Decided against assessee. - SHRI G.S. PANNU, HON BLE VICE PRESIDENT AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER For the Appellant : None For the Respondent : Shri H.K. Choudhary, CIT-DR ORDER PER C.N. PRASAD, J.M. This appeal is filed by the Assessee against the order of the Ld.CIT (Exemption), Chandigarh dated 31.07.2017 in denying registration u/s 80G(5)(vi) of the Act. 2. In spite of service of notice through speed post, none appeared on behalf of the assessee. Thus, we dispose of this appeal on hearing the Ld. DR. 3. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Centre and Ors. Versus State of Madhya Pradesh has held that educational institutes should not just focus on making profit but run on no-profit-no-loss basis. The five judge constitution bench held that commercialising of educational sector is not permissible. In the instant case it is clear that the receipts of the applicant are based on a high fee structure in the schools educational institutions being run under their- aegis. There is a clear cut link between the receipt and income from property that is claimed as exempt in the case and which has led to creation of development fund to the extent of nearly 8 crores and an asset base of nearly 11 crores. Allowing approval of exemption of donations in such a case would be in contravention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the absence of any other cogent rationale forwarded behind claims for 80G approval, I have no option but to deny the request for approval to the applicant u/s 80G of Income Tax Act, 1961. 4. On careful perusal of the order of the Ld.CIT(E) and the finding that no evidences were furnished by the assessee for incurring non-recurring expenses and construction of building at Bawani Hansi and also since the assessee has not accounted for any expenditure booked in the income and expenditure account. The Ld. CIT(E) concluded that there is no any cogent rationale behind claims for approval u/s 80G of the Act. The assessee could not rebut any of the finding of the Ld.CIT(E) before us. Therefore, we sustain the order of the Ld.CIT(E) in ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
