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2011 (6) TMI 680 - AT - Income Tax

Issues Involved: Appeal against rejection of exemption u/s 80G(5) of the Income-tax Act.

Summary:
The appellant, a Sanstha, sought exemption u/s 80G(5) after being granted registration u/s 12AA. The Commissioner rejected the application due to concerns about the genuineness of the Sansthan's activities. The appellant appealed to the Tribunal, arguing that all conditions for trust genuineness were met. The Tribunal found in favor of the appellant, noting that registration u/s 12AA was granted before the exemption application, and all conditions for exemption were satisfied. The Tribunal emphasized that the lack of complete address on donation receipts should not be a sole reason for denial, especially when donor details were provided separately. Citing relevant case law, the Tribunal directed the Assessing Officer to grant registration u/s 80G(5), as all prescribed conditions were fulfilled.

In conclusion, the appeal of the assessee-trust was allowed, and the registration u/s 80G(5) was directed to be granted.

 

 

 

 

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