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TMI Blog2020 (4) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... case, assessee was holding valid registration under section 12 AA of the Act, as on date of impugned order, which conversely means that Ld. CIT (E) was satisfied with objects of assessee in not disputing the registration under section 12 AA. Reasons cited by Ld. CIT(E)(supra), are not the requirements mandated by provisions of the act, and cannot be the basis for rejection of assessee s application for recognition under section 80G. We also noticed that Ld. CIT(E) has not examined the application of assessee in terms of section 80 G (5) of the Act. Thus, respectfully following the view taken by M/S. INDIC SCIENCE RESEARCH TRUST VERSUS THE COMMISSIONER OF INCOME-TAX (EXEMPTIONS) , BENGALURU. [ 2018 (7) TMI 1902 - ITAT BANGALORE] we rema ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee s application seeking grant of recognition under section 80 G of the Act vide impugned order on the ground that; as could be seen from the above, the trust is generating surplus year after year and majority of receipts are by way of annual membership fees, reimbursement, interest etc. The assessee has not made out case for seeking recognition under section 80 G. At the stage of recognition under section 80 G, the Commissioner and receipt of an application for recognition has to satisfy himself about the objects of the company or institution and the genuineness of its activities. In this connection, reliance is placed on the following decisions:- a) The Hon ble Karnataka High Court in case of Ganjam Nagappa and Sun trust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E) himself granted assessee registration under section 12 AA of the Act. It was thus submitted by him that there is no basis for rejecting the application for recognition under section 80G. 4. On the contrary, Ld. CIT.DR supported order of Ld. CIT(E) rejecting assessee s application for grant of recognition under section 80G of the Act. We have perused submissions advanced by both sides in light of records placed before us. 5. Undisputedly, assessee has been granted registration under section 12AA of the Act, and that there is nothing on record brought out by authorities below, or Ld. CIT DR regarding violation of objects of Trust. In support of the contentions assessee placed reliance upon following decisions of coordinate bench o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noticed that Ld. CIT(E) has not examined the application of assessee in terms of section 80 G (5) of the Act. Thus, respectfully following the view taken by coordinate benches of this Tribunal in above referred decisions, we remand the question of grant of approval under section 80 G (5) (vi) of the Act to Ld. CIT (E) for fresh consideration the light of decisions referred to herein above. Needless to say, that Ld. CIT(E) will afford proper opportunity of being heard to assessee in accordance with law. Accordingly grounds raised by assessee stands allowed for statistical purposes. In the result, appeal filed by assessee stands allowed for statistical purposes. Order pronounced in the open court on 09th January, 2020. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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