9911796707
TMI Blog2020 (6) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... e donors to look at intended activities/objects and possibly provide financial support through donations/contributions. In the facts of present case, assessee was holding valid registration u/s 12 AA 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. In our view reasons cited by Ld.CIT(E) 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 notice that Ld.CIT(E) has not examined the application of assessee in terms of section 80 G (5) of the Act. As relying on M/S. INDIC SCIENCE RESEARCH TRUST VERSUS THE COMMISSI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of the appellant are in conformity with the provisions of sections 80 G making it eligible for recognition since they include education, medical assistance and other objects of general public utility. For these and such other grounds that may be adduced from time to time, it is requested that the Honorable ITAT may be pleased to set aside the order of CIT and direct that recognition under section 80 G may be granted. Brief facts of the case are as under: 2. Assessee is a charitable trust established wide trust deed dated 10/01/01 to run either with the college (education) and also to carry out charitable activities under relief of poor. It was submitted that, assessee obtained registration under section 12AA of the Act on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AR submitted that, its application for grant of registration under section 12 AA of the Act is valid as on date of rejection of application grant of recognition under section 80G of the Act. Ld.AR submitted that Ld.CIT(E) dismissed assessee s application on the ground that trust generated surplus year after year and majority of receipts are by way of tuition fee and others and that assessee has not made out case seeking recognition under section 80 G. He submitted that placing reliance upon decision of Hon able Karnataka High Court in case of Ganjam Nagappa and Sun trust vs DIT(E) (supra), Ld.CIT (E) records that Commissioner in receipt of an application for recognition u/s.80G, has to satisfy himself about objects of the company or inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... donors to look at intended activities/objects and possibly provide financial support through donations/contributions. In the facts of present 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. 5.2. Ld.AR placed reliance upon decision of M/s.Indic Science Research Trust vs. CIT(E), (supra), wherein relying on decision of coordinate bench of this Tribunal in case of M/s.Manipal Alumini of Nephrology Trust in ITA No. 548 and 549/B/2013, this Tribunal remanded the issue to Ld.CIT(E), for fresh consideration. 5.3. In our view reasons cited by Ld.CIT(E)( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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