9911796707
TMI Blog2007 (5) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... ector General of Income Tax (Exemptions) under Rule 18AAAA of the Income Tax Rules read with Section 12(3) of the Income Tax Act, 1961. 4. The Assessee is undoubtedly a charitable institution. According to the Assessee, it received donations from Indian sources as well as from foreign sources towards relief work to be carried out consequent to the earthquake in Gujarat in January, 2001. 5. The donations were received between 26 th January, 2001 and 30 th September, 2001 and the amounts received were required to be utilised for earthquake relief on or before 31 st March, 2004 If the amounts were not utilised before that date, then the requirement in law was to have the amounts transferred to the Prime Minister's Relief Fund, if th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unutilised but attributable to these foreign donors are not liable to tax. It is also submitted that no certificates under Section 80G of the Act were issued by the Petitioner to these persons. 10. Since some fresh material (which is quite relevant) has been placed before us which ought to have been placed before the Director General of Income Tax (Exemptions), we are of the opinion that the issues involved ought to be reconsidered by the Director General of Income Tax (Exemptions). Learned counsel for the Petitioner submits that the audited accounts of the Petitioner are also quite relevant and these were also not before the Director General and that they may also be taken into account by the Director General of Income Tax (Exemptions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... General of Income Tax (Exemptions) to grant a hearing to the Petitioner and pass a fresh order under Rule 18 AAAA of the Income Tax Rules read with Section 12(3) of the Income Tax Act, 1961. The Petitioner will place on record, within four weeks, all the material that it seeks to rely upon, the Petitioner will not unduly delay the proceedings by requesting for an adjournment. All the issues arising in the impugned order dated 19 th December, 2005 may be reconsidered by the Director General of Income Tax (Exemptions) de novo. 15. On 3 rd April, 2006 we had stayed the operation of the order dated 19 th December, 2005, and by an order dated 15 th September, 2006 we had also stayed the reassessment proceedings. In view of our order tod ..... X X X X Extracts X X X X X X X X Extracts X X X X
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