2018 (7) TMI 1729 - HC - Income Tax

Approval u/s 80G(5) - eligibility - applicant has not commenced significant charitable activity as per its objects - Held that - As per Rule 11AA(5), The Commissioner may reject the application for approval, after recording the reasons for such rejection in writing, where he satisfied that one or more conditions laid down in clauses (i) to (v) of Sub-section (5) of Section 80G are not fulfilled. From the above statutory provisions it is clear that the Commissioner can reject the application for approval if he is satisfied that one or more conditions laid down in clauses (i) to (v) subsection (5) of section 80G are not fulfilled. In the present case, Ld. CIT has not recorded any reason that the assessee has failed to fulfill the conditions laid down in clauses (i) to (v) of sub-section (5) of section 80G are not fulfilled. Under these undisputed facts, we are unable to affirm the view of the Ld. CIT, therefore, we direct him to grant approval u/s 80G(5) of the Act. - decided in favour of assessee

Summary

Issues:
- Appeal against tribunal's decision granting exemption under section 80G(5) of the Income Tax Act.
- Examination of charitable activities conducted by the trust.
- Interpretation of the provisions of section 80G(5) and Rule 11AA of the Income Tax Rules.

Analysis:
1. The appellant challenged the tribunal's decision granting exemption under section 80G(5) of the Income Tax Act. The tribunal allowed the appeal of the assessee and granted the exemption. The appellant raised a substantial question of law regarding the justification of allowing approval under section 80G(5) despite the applicant not commencing significant charitable activities as per its objects.

2. The facts revealed that the applicant filed an application seeking approval under section 80G(5)(vi) of the Income Tax Act in 2016. The provisions of section 80G(5) emphasize the charitable activities of the organization and the utilization of income towards its objects. Rule 11AA of the Income Tax Rules sets out specific requirements for approval under section 80G.

3. The CIT(A) concluded that no charitable activities were carried out by the assessee. The tribunal, however, observed that while the activities carried out were not significant charitable activities, there was no objection regarding the genuineness of the activity. The tribunal noted that the law does not mandate significant charitable activities to be carried out for eligibility under section 80G(5)(vi).

4. Section 80G(5) outlines conditions for donations to institutions or funds for charitable purposes, including maintaining regular accounts, not benefiting a particular religious community, and being approved by the Commissioner. The Commissioner can reject an application if conditions under clauses (i) to (v) of subsection (5) of section 80G are not fulfilled.

5. The tribunal directed the Commissioner to grant approval under section 80G(5) as the conditions for rejection were not met. The High Court agreed with the tribunal's view, leading to the dismissal of the appeal as no substantial question of law arose from the decision.

This detailed analysis covers the issues raised in the appeal, the examination of charitable activities, and the interpretation of relevant provisions under the Income Tax Act and Rules.