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TMI Blog2017 (7) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... , JJ. For the Appellant : Mr. Prateek Kedawat, Mr. K.D. Mathur for Mr. R.B. Mathur For the Respondent : Mr. Siddharth Ranka ORDER 1. By way of this appeal, the appellant-department has challenged the judgment and order passed by the Tribunal whereby the Tribunal has allowed the appeal of the assessee reversing the finding of the CIT (A). 2. This Court while admitting the appeal on 10.03.2015 has framed the following substantial questions of law:- (i) Whether in the facts and circumstances of the case, the Tribunal was justified in law in directing to grant approval u/s.80G(5) to the respondent despite the fact that the trust does not fulfill the conditions u/s.80G(5)(i) of the Act. (ii) Whether in the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h School, in Jagatpura, Jaipur as a unit of this trust from F.Y.2007-08. This activity of running of school is not covered under the objects of the trust given in the trust deed. Therefore, the activity of running school cannot be held under the trust because as per the trust deed, the trust was not authorized for this activity of running school. 3.3. On being confronted to the A.R. of the assessee, it was submitted by the A.R. that clause 22 of the trust deed authorizes the trustees to use immovable property of the trust for the purpose of any scheme of charity. Running of School is a charitable activity and therefore, running of school is covedred under the trust deed. The contention of assessee was considered but not found acceptab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hile reversing the same, has observed in para 2.4 and 2.5. which reads as under:- 2.4 We have heard the rival submissions and have carefully perused the entire material on record. Both parties have taken same stand as it was taken before the ld. CIT. The ld. AR has also filed the paper book alongwith detailed written submission to support the bolster appellant case. We have carefully examined the written submission and we have also gone through the objects of the trust as available in the trust deed and in the light of relevant provision of the Act. It is found that the trust stands registered u/s 12A of the Act. Therefore , there cannot be two opinions and the ld CIT cannot dispute the fact that the objects of the trust are not charit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of such business; (b) the donations made to the institution or fund are not used by it, directly or indirectly, for the purposes of such business; and (c) the institution or fund issues to a person making the donation a certificate to the effect that it maintains separate books of account in respect of such business and that the donations received by it will not be used, directly or indirectly, for the purposes of such business;]] (ii) the instrument under which the institution or fund is constituted does not, or the rules governing the institution or fund do not, contain any provision for the transfer or application at any time of the whole or any part of the income or assets of the institution or fund for any purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f April,2008 and ending on the 31st day of March,2009 and (b) approved under the said cause (vi) for the previous year beginning on the Ist day of April, 2008 and ending on the 31st day of Mach, 2009 ] This section describes deduction in respect of donations to certain funds, charitable institution etc. Section 80G(5) lays down certain conditions for getting approval after it falls in sub-clause (ib) of clause (a) of sub-section 2. In our considered opinion, the assessee falls under this sub-clause and also 6 fulfils all the conditions laid down in sec 80G(5) of the Act. Accordingly, we do not find any reason for not grating approval u/s 80G(5) of the Act. The observations made by the ld. CIT are not correct. Any income drawn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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