2011 (6) TMI 680

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..... n under section 80G(5) of the Income-tax Act. The assessee is a Sanstha established on July 26, 2006 by virtue of registration granted by the sub-registrar. The registration under section 12AA has also been granted by the learned Commissioner of Income-tax vide order dated October 26, 2009. Thereafter the assessee filed application in Form 10G on December 15, 2009, seeking grant of approval of e .....

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..... application under the provisions of rule 11AA(5) of the Income-tax Rules. Now the assessee is in appeal here before the Tribunal. Learned counsel for the assessee filed written submissions and it was further submitted that all the conditions for upholding the genuineness of the trust are satisfied for granting exemption under section 80G(5). The learned Commissioner of Income-tax has not indica .....

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..... on under section 12AA has been granted before moving application in form No. 10. All the conditions for granting exemption are satisfied. The assessee's income is assessable in view of the provisions of section 11 of the Act. If by any reason donation received by the assessee is found not used for the purpose for which the trust has been granted registration under section 12AA then in that case th .....

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..... ve been furnished by the learned Asses- sing Officer from whom the report was sought by the learned Commissioner of Income-tax. Various case law relied upon by the learned authorised representative go in favour of the assessee. These cases are in the case of Dera Baba Jodh Sachiar v. Union of India [2010] 328 ITR 178 (P&H), wherein it is held that to grant or refuse exemption under section 80G, ma .....

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..... nstitution would not affect the claim for special deduction under section 80G. Similar view has been expressed by the Pune Bench of the Tribunal in the case of Shikshan Prasarak Mandali v. CIT [2009] 28 SOT 50 (Pune). All these decisions are in favour of the assessee as all the conditions prescribed under clauses (i) to (v) of sub-section (5) are satisfied. In view of these facts and circumstanc .....

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