9911796707
TMI Blog2017 (2) TMI 692X X X X Extracts X X X X X X X X Extracts X X X X ..... x Act, 1961." 2. Briefly stated the facts are that the assessee had filed an application on 21.03.2016 in Form No. 10G seeking approval under section 80G(5)(vi) of the Income Tax Act, 1961 (hereinafter referred to as the Act). However, the said application was rejected by the CIT (Exemptions) on the ground that no significant activities have been started by the applicant as per the objects. Aggrieved by this, the assessee has preferred the present appeal before this Tribunal. 3. The ld. Counsel for the assessee has reiterated the submissions as made in the written brief. The submissions of the assessee are reproduced as under :- " Rule 11AA of the IT Rules, 1962 provides that the application for approval of any institution or trust u/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as spent on advertisement and promotion of business of its family concern. In subsequent A.Y registration u/s 12AA & approval u/s 80G was granted with conditions that exemption certificate would be effective from A.Y. 2012-13. Held that in case of registration u/s 12AA, which was necessary for claiming exemption u/s 11 and 12, the CIT was not required to look into activities, where such activities had not or were in process of its initiation. Where a trust, set up to achieve its objects of establishing educational institution, was in process of establishing such institutions, and received donations, registration u/s 12AA cannot be refused, on ground that Trust had not yet commenced charitable or religious activity. Enquiry of CIT at such pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntentions, perused the material available on record and gone through the orders of the authorities below. There is no dispute with regard to the fact that the assessee has been granted registration under section 12AA of the Act. The Coordinate Bench in the case of Hemdha Medi Resources Pvt. Ltd. vs. CIT (Exemptions) in ITA No. 679/JP/2015 under the identical facts has observed as under :- "2.10. Further, we have gone through the decision of decision of Coordinate Bench in case of Pearls Educational Institute (Supra). The said decision was rendered in the context of renewal of approval under section 80G and the fact that the appellant in that case had not commenced construction activities even after 13 years which is distinguishable on fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was overruled by the Allahabad High Court was quoted by the Revenue while denying the exemption initially to the appellant under section 12AA. Given that the appellant has subsequently been granted approval under section 12AA and the said decision of the Coordinate Bench is overruled by the High Court shows that the appellant is well within its right to seek approval under section 80G as well. In view of above, the CIT(Exemption) is hereby directed to grant approval u/s 80G(5) of the IT Act, 1961 to the appellant." The facts are identical in the present case. Therefore, taking a consistent view, the ld. CIT (Exemptions) is hereby directed to grant approval u/s 80G(5)(vi) of the IT Act, 1961 to the appellant. 4. In the result, appeal of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
