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2022 (9) TMI 1568 - ITAT RAIPURGrant of approval u/s.80G - Rejection of application observing that the activities of the assessee company are commercial in nature and the company has also not specified or explained for requirement of 80G approval for the company - Assessee granted registration u/s 12AA and the same is continuing - HELD THAT:- Admittedly, the company was granted registration u/s 12AA and is still enjoying the same, in such a situation, finding of the authorities below that the activities of the trust are not charitable, holds no ground and are liable to be held erroneous. Another ground for rejection of the approval u/s 80G was that the company is involved in commercial activities selling of books/college bags/ etc apart from generating income from tuition fee/hostel fee/bus fee. On this aspect we are of the view that these are the activities incidental to the main and predominant object of the assessee company, which are for survival and fulfilment of the main objects, thus approval u/s 80G cannot be denied on this argument. This view of ours is find support from the finding of the coordinate bench of ITAT Mumbai in the case of Green Education Trust [2016 (6) TMI 979 - ITAT MUMBAI] - CIT(E) has took a wrong stand in rejecting the application of the assessee in granting approval u/s 80G. We therefore of the view that the order of the Ld CIT(E) deserves to be set aside with a direction to grant approval u/s 80G to the assessee, as sought vide its application in form 10G. Consequently, the sole ground of the appeal of the assessee is allowed.
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