9911796707
TMI Blog2010 (4) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... tax (E) erred in passing the order in the manner he did. 2. The Director of lncome-tax (E) ought to have appreciated that the Appellant institution is a charitable institution though running a institute and that the Appellant had satisfied the conditions required and ought to have renewed the recognition u/s. 80G of the Act. 3. The Director of Income-tax (E) ought to have appreciated that the Appellant had not violated any of the conditions laid down in Sec.80G(5)(i) to (v) of the Act and ought to have renewed the recognition as prayed for. 4. Without prejudice the non-availability of vouchers for certain expenditure having not been put to the Appellant for explanation, no adverse inference could be drawn more so to deny a valid claim fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal before the Tribunal. The Id. AR submitted that the trust's main objects are only related to education i.e., spreading and promotion of educational institutions, colleges, deemed universities, hospitals, yoga, personality development, sports and educational activity, relief to the poor and destitutes, to conduct research in the areas of education, medicine, technology including biotechnology etc., and also to pursue any other objects of general public enlightenment/ utility in a wide sense. The trust had also complied with all the conditions laid down in the Act in order to enjoy 80G benefits. Ld. AR further submitted that the DIT (E)'s rejection for grating registration u/s. 80G of the Act only on the ground that, few bills relating t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sfy that, it is established in India for a charitable purpose and the provisions of section 80G(5)(i) to (vi) are to be additionally fulfilled. If on enquiry, it is established that the activities of the trust are not confined and limited to the objects of the trust and has violated provisions of 80G(5)(i) to (vi) of the Act, the renewal of recognition u/s. 80G can be denied. However, in the case on hand, Revenue has not established that the trust has deviated from the objects of the trust. Only certain minor irregularities of non-production of vouchers for few expenditure incurred by the trust have been pointed out by the Revenue. 8. On perusing the balance sheet, income & expenditure account and receipts & payment account submitted by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
