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TMI Blog2012 (9) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... have spent that time in conducting charitable activities – in favor of assessee - respondent shall pay a sum of Rs. 25,000 to the assessee towards cost of this appeal - IT Appeal No. 77 of 2011 - - - Dated:- 19-10-2011 - N. Kumar and Ravi Malimath, JJ. S. Parthasarathi and Mallaharao K. for the Appellant. K.V. Arvind for the Respondent. JUDGMENT N. Kumar, J. The assessee has preferred this appeal challenging the order passed by the Tribunal, which has held that the order passed by the commissioner of Income Tax who has refused to extend/continuance of Certificate of Registration under Section 80G of the Income Tax Act, 1961 (for short hereinafter referred to as 'Act'). 2. The assessee M/s. Karunya Rural He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable as proof of receiving the computers. 3. As the explanation offered by the assessee was not satisfactory, the Director of Income Tax proceeded to hold that he is not satisfied and therefore declined renewal of registration. Aggrieved by the said order the assessee preferred an appeal to the Tribunal. The Tribunal did not agree with the findings recorded by the Director to the effect that the benefit is going to Sri R. Shyamprasad Reddy, who is the brother of President of trustee. They categorically held that the assessee had to prove that it is carrying on charitable activity is immaterial so long as the general public is benefited by the charitable activity. Therefore, the first discrepancy set out above is not found to be prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apart along with the appeal memo they have produced the statement of accounts issued by the Bank through which they are carrying on their activities. Firstly, it shows all the payments which are made by them through cheque. It shows the payment are made directly to various colleges. It is not the case of anyone the assessee has siphoned out money in the name of others or has drawn money by himself as withdrawal. It is also not pointed out the persons to whom these cheques are issued, have enchased same and who have paid said money for any other purposes other than charitable purposes. 6. The order of the Director given us an impression that be was not worried about the charitable activity carried on by the trust as such. He had no doubt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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