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2020 (4) TMI 210

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..... d genuineness of the activities of the trust or institution cannot be established; and that charitable activity was not substantiated; are not only contrary to materials on record established by the Paper Book, but and also in contradiction with paragraphs 1 and 2 of the impugned order dated 30.09.2019 passed by the Ld. CIT(E) himself. The appellant has expressed willingness to furnish any further materials or evidences to the Ld. CIT(E) for the satisfaction of the Ld. CIT(E) if the issues in dispute are restored to the file of the Ld. CIT(E) for fresh order; and the Ld. CIT(DR) has expressed no objection to this. In view of the foregoing, we set aside the aforesaid impugned order dated 30.09.2019 of the Ld. CIT(E) and direct him to pass fr .....

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..... ing that participant in the PCL by the member publishing houses as well as the sponsors engaged in ancillary business, provided a forum for advertisement and intended for promotion of business of the participants. 4. Ld. CIT (Exemption) is erred in stating that applicant neither filed requisite detail nor submitted any evidence to show charitable activity, the charitable and religious nature of the objectives and genuineness of the activities of the trust or institution cannot be established hence application is rejected. 5. Ld. CIT (Exemption) is erred in stating that Trust is not taking regular sports activity intended to improve health of participant. It is grossly erred by stating that publishers will get advertisement and wil .....

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..... appeal at the time of hearing. (B) Vide impugned order dated 30.09.2019, the learned Commissioner of Income Tax (Exemption) [ Ld. CIT(E) , for short) rejected assessee s application seeking registration under Section 12AA of Income Tax Act, 1961 ( I.T. Act , for short) as well as the assessee s application seeking approval under Section 80G of I.T. Act. The assessee s application for registration under Section 12AA of I.T. Act was rejected by the Ld. CIT(E) by observing that the applicant had not filed the requisite details nor had submitted any evidence or accounts to show the charitable activities; and that the charitable and religious nature of the objectives and genuineness of the activities of the trust or institution cannot be e .....

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..... ries v. Details of expenditure conducting of events. vi. Provisional Balance Sheet and Income Expenditure Account from 01.04.2019 to 31.07.20199 vii. Details of donation received from 01.04.218 to 31.03.2019 6. Copy of further submissions dated 14.09.21019 alongwith Circular No. 395 dated 24.09.1984 (C) At the time of hearing before us, the Ld. Counsel for assessee submitted that whatever details and documents were called for by the Ld. CIT(E), were submitted to him. He took us through the Paper Book to substantiate this contention. He also drew our attention to paragraphs 1 and 2 of the aforesaid impugned order dated 30.09.2019 of the Ld. CIT(E) to contend that documents in support of claim of registration under S .....

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..... er; so that any further details or documents, [if required by the Ld. CIT(E)] may be furnished to the Ld. CIT(E) for his satisfaction. The learned Commissioner of Income Tax (Departmental Representative) [ Ld. CIT(DR) , for short] agreed with the contention of the Ld. Counsel for assessee that the observation of the Ld. CIT(E) that the assessee had not filed the requisite details nor submitted any evidences or accounts to show the charitable activity; that the charitable and religious nature of the objectives and genuineness of the activities of the trust or institution cannot be established; and that charitable activity was not substantiated; are contrary to materials on record established by the Paper Book and also in contradiction with p .....

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