2020 (9) TMI 241 - AT - Income Tax

Recognition u/s.80G denied - Registration u/s.12AA of the Act was granted - exemption u/s 11 - assessee e-filed application in Form No.10G for grant of recognition u/s.80G - HELD THAT - Only after the institution or fund has been registered u/s 12AA etc. that, on an application made by it, the exercise of examination of the satisfaction of conditions of section 80G read with rule 11AA gets triggered. From the Profit and loss account of the assessee for the year ending 31-03-2018, the ld. CIT(E) found that no activities were carried out. We gave also gone through such P L account and find that there is Nil expenditure on its Expenditure side. The assessee, in fact, filed application for recognition u/s.80G on 20-02-2019 and the impugned order came to be passed on 31-08-2019. It is the case of the assessee that when the ld. CIT(E) rejected the assessee s application u/s.80G, the accounts for the year ending 31-03-2019 were under preparation, which could not be filed and such accounts actually got finalized a little later. AR made a statement at the Bar that for the year ending 31-03-2019, the assessee received a sum of ₹ 3.53 lakh as donation and incurred expenditure of ₹ 4.04 lakh on the activities of the trust. Since such Profit and loss account showing expenditure on activities of the assessee was not available before the ld. CIT(E), without commenting on the merits of the matter, we set-aside the impugned order and remit the matter to the file of ld. CIT(E) for deciding the case afresh after considering the relevant evidence including Profit and loss account for the year ending 31-03-2019. Needless to say, the assessee will be allowed sufficient hearing opportunity before reaching any decision. - Appeal is allowed for statistical purposes.

Summary

Issues:
- Recognition u/s.80G(5) of the Income-tax Act, 1961 denied by CIT(Exemption), Pune
- Requirement of registration u/s.12AA of the Act for eligibility under section 80G
- Examination of genuineness of activities for registration u/s.80G
- Necessity of financial statements and evidence of expenditure for registration u/s.80G
- Remittal of the matter for fresh decision by CIT(Exemption)

The judgment pertains to an appeal against the denial of recognition u/s.80G(5) of the Income-tax Act, 1961 by the CIT(Exemption), Pune. The appellant, a company incorporated under section 8 of the Companies Act, 1956, had applied for recognition u/s.80G after being granted registration u/s.12AA. The CIT(E) found discrepancies in the information provided by the appellant, noting the absence of proof regarding activities carried out and expenditure incurred. The appellant's claim of conducting research in a sanctuary was supported by limited evidence. The CIT(E) refused registration under section 80G due to the lack of evidence of expenditure in financial statements. The appeal was brought before the Tribunal.

The Tribunal analyzed the legal provisions under section 80G(5) and rule 11AA, emphasizing the requirement for an institution or fund to be registered u/s.12AA before seeking approval u/s.80G. The Tribunal clarified that registration u/s.12AA does not preclude the examination of activities for registration u/s.80G. It highlighted the necessity of satisfying conditions under section 80G(5)(i) after registration u/s.12AA, followed by an examination of activities for registration u/s.80G. The Tribunal rejected the argument that registration u/s.12AA automatically leads to registration u/s.80G, stating that the process must be initiated separately.

Regarding the specific case, the Tribunal noted that the appellant had no activities or expenditure reflected in the Profit and loss account for the year ending 31-03-2018. The appellant applied for recognition u/s.80G in 2019, with the impugned order issued in August 2019. The appellant claimed that accounts for 2019 were being prepared and revealed donations received and expenditure incurred. As these details were not available during the initial assessment, the Tribunal remitted the matter to the CIT(E) for a fresh decision, considering the updated financial statements for 2019. The appellant was granted a hearing opportunity before any final decision.

In conclusion, the Tribunal allowed the appeal for statistical purposes, setting aside the initial order and instructing a reevaluation based on the updated financial information. The judgment highlighted the importance of fulfilling registration requirements under section 80G and providing evidence of activities and expenditure for successful registration under the Income-tax Act.