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TMI Blog2018 (7) TMI 1729X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Commissioner can reject the application for approval if he is satisfied that one or more conditions laid down in clauses (i) to (v) subsection (5) of section 80G are not fulfilled. In the present case, Ld. CIT has not recorded any reason that the assessee has failed to fulfill the conditions laid down in clauses (i) to (v) of sub-section (5) of section 80G are not fulfilled. Under these undisputed facts, we are unable to affirm the view of the Ld. CIT, therefore, we direct him to grant approval u/s 80G(5) of the Act. - decided in favour of assessee X X X X Extracts X X X X X X X X Extracts X X X X ..... -2 of Rule 11AA, the applicant is required to file note on activities and the copies of accounts of the institution or found since its inception or during the last three years, whichever is less. 4. Counsel for the appellant has contended that CIT(A) while considering the matter has come to the conclusion that no charity activities were carried out by the assessee. 5. He has taken us to the order of CIT(A) wherein it has been held as under:- 4. In light of above objects, the activities carried out by the trust were examined. The Charity accounts submitted by the applicant for the period 01.04.2016 to 31.03.2017 is reproduced as under:- Charity Account April-2016 to 31-March-2017 Date Particulars Vch Type Vch No. Debit Credit To ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bservation of the Ld. CIT has record in para 5 of his impugned order are reproduced herein below:- "5. On examination of the above charity account, it is seen that no significant activities has been started by the applicant as per the objects. The trust came into existence on 21/07/2016 and in period of more than eight months no significant charitable activity has been commenced. Seeing the insignificant nature of activity the case does not seems to be fit for granting exemption u/s 80G at this stage." 6.1 From the above it can be inferred that there was no objection with regard to the genuinity of the activity. It is only the volume of activity carried out by the assessee. Ld. CIT's objection is that in 8 months no significant charitab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tution or fund is constituted does not, or the rules governing the institution of 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 other than a charitable purpose. (iii) The institution or fund is not expressed to be for the benefit of any particular religious community or case; (iv) The institution of fund maintains regular accounts of its receipts and expenditure. (v) The institutions of fund is either constituted as a public charitable trust or this registered under the Societies Registration Act, 1860 (21 of 1860), or under any law corresponding to that Act in force in any part of India or under section 25 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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