9911796707
TMI Blog2019 (3) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... ses are as under: 2.1 The assessee is a trust, constituted by a Trust Deed dated 22.09.2017. The assessee filed applications for grant of registration under section 12AA and grant of recognition under section 80G of the Act on 02.02.2018. Vide letter dated 06.08.2018 (copy placed at page 26 of Assessee's paper book). The CIT(Exemptions), Bangalore, called for certain clarifications / details in respect of both its applications for registration under section 12AA and grant of recognition under section 80(G) of the Act. The assessee trust furnished the details called for vide letter dated 16.08.2018 (copy placed at pages 27 and 28 of paper book). The CIT(E), after considering the assessee's reply dated 16.08.2018, dismissed the assessee's a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion under section 80G of the Act were both filed before the CIT(E) on 02.02.2018. Details and clarifications thereon were called for jointly by the CIT(E) vide letter 06.08.2018 and the assessee also filed its reply in this regard vide letter dated 16.08.2018. It is submitted that while the CIT(E) dismissed the assessee's application for grant of recognition under section 80G of the Act vide the impugned order dated 20.08.2018, the CIT(E) however went on to grant the assessee recognition under section 12AA of the Act vide order dated 29.08.2018. It was submitted that the CIT has rejected the assesssee's application for registration primarily on the ground that the assessee trust has not carried out any noticeable activities till the formati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or thereon jointly vide CIT(E)'s letter dated 06.08.2018 and the assessee's reply for both grant of registration under section 12AA and recognition under section 80G of the Act was filed vide letter dated 16.08.2018. From the impugned order, we find that the main objection by the CIT(E) to grant of recognition under section 80G of the Act was that the assessee trust has not carried out any noticeable activity till formation of the Trust; and therefore, it was not a fit case for grant of recognition under section 80G of the Act. In our view, what is significant / noticeable activity is very subjective and cannot be the basis for rejection of the assessee's application. It is for the assessee to determine which of its activities in furtheranc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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