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TMI Blog2019 (5) TMI 1200X X X X Extracts X X X X X X X X Extracts X X X X ..... blished as charitable institution by the revenue authorities at the time of granting registration u/s 80G, it cannot be denied registration u/s 80G. It was recorded by the Tribunal that as per Circular dated 27.10.2010, the registration was deemed to have been extended in perpetuity had the registration expired on or after 1.10.2009, but due to technical reason, the registration u/s 80G of the Act was not deemed to have been extended. Accordingly, the Tribunal vide order dated 26.9.2017 (Annexure A-2) directed the CIT(E) to allow the assessee registration u/s 80G from the date of application. No illegality or perversity could be pointed out by learned counsel for the revenue in the findings recorded by the Tribunal which may warrant inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings about the real purpose that the applicant had consistently generated large scale surpluses and has accumulated large amounts of investible funds in the shape of FDRs and cash and therefore, there was no rationale for another source of income? III. Whether on the facts and circumstances of the case the ITAT has erred in placing reliance on the fact of the assessee having 12AA registration and by ignoring the statutory condition that 12AA registration is merely a pre-condition for entities to be eligible for approval u/s 80G(5) and that the procedure involves examination of the real purpose as laid down by the Hon'ble Delhi High Court in the case of M/s Kirti Chand Tarawati Charitable Trust vs. Director of Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee filed an appeal before the Tribunal. The Tribunal vide order dated 26.9.2017 (Annexure A-2) allowed the appeal and directed the CIT(E) to allow the registration under Section 80G of the Act to the assessee from the date of application. Hence, the present appeal by the revenue. 3. After hearing learned counsel for the revenue, we do not find any merit in the appeal. 4. The assessee was registered under Section 12AA of the Act which still continues. It was granted registration under Section 80G of the Act on 1.9.2004 and the said registration had not been withdrawn. The said registration had expired on 31.3.2009. Thereafter, the assessee filed an application for grant of approval under Section 80G( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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