2012 (5) TMI 675 - AT - Income Tax

Summary

Issues involved: Appeal against denial of renewal of approval u/s 80G of the Income-tax Act.

Summary:
The appeal was filed by the assessee against the order of the Director of Income-tax(Exemption), Hyderabad denying renewal of approval under S.80G of the Income-tax Act. The assessee, a society engaged in charitable work, had obtained registration under S1.2AA and approval under S.80G. The approval was to be valid till 31.3.2010, but due to an amendment, renewal was required. The Director rejected the renewal citing absence of specific clauses in the society's Memorandum and rules. The assessee challenged this decision, demonstrating the existence of relevant clauses. After hearing both parties, the Tribunal found that the Director's objections were not specific and reversed the decision, stating that the clauses in the society's documents met the requirements for approval under S.80G. The Tribunal did not delve into the redundancy of the renewal application due to statutory amendments, focusing on the validity of the Director's reasons for rejection. Consequently, the assessee's appeal was allowed.

Key Points:
- Appeal filed against denial of renewal of approval under S.80G.
- Director cited absence of specific clauses in society's Memorandum and rules.
- Tribunal found Director's objections not specific and reversed the decision.
- Tribunal focused on validity of Director's reasons for rejection.
- Assessee's appeal allowed.