9911796707
TMI Blog2020 (6) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellant objects to the order of Ld. CIT (exemptions) Bangalore, on following grounds: 1. the impugned order is open to facts and law insofar as it is prejudicial to the interest of the appellant. 2. The Ld. CIT (exemptions) erred in rejecting the application under section 80 G (5) (vi) for the reasons which are arbitrary, impermissible and beyond what is provided under law. 3. The Ld. CIT (exemptions) failed to appreciate the fact that an application under section 80 G can be denied only under the circumstances given in rule 11 AA (5) of income tax rules, 1962. 4. The Ld. CIT (exemptions) failed to appreciate that the objects of the appellant are in conformity with the provisions of sections 80 G making it eligible for recogni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany or institution and the genuineness of its activities. In this connection reliance what is placed on the following decision:- a) The Hon'ble Karnataka High Court in case of Ganjam Nagappa and Sun trust vs DIT (E) reported in 269 ITR 59 has held that "grant of exemption or renewal is not automatic in character. Therefore considering the facts as detailed above it is not a fit case for recognition under section 80G. Hence application for grant of recognition under section 80G(5)(vi) of the IT Act 1961 is hereby rejected." Aggrieved by aforestated rejection, assessee is in appeal before us now. 3. Ld.AR submitted that, its application for grant of registration under section 12 AA of the Act is valid as on date of rejection of applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowing decisions of coordinate bench of this tribunal on identical issue: * M/s Bharat Ratna Sir M Vishweshwarayya Educational Society vs CIT (E) in ITA No. 732/B/2018, vide order dated 12/04/19 for assessment year 2013-14; * M/s.Indic Science Research Trust vs. CIT(E) in ITA No. 1077/B/2018 vide order dated 20/07/18 for assessment year 2018-19; * Vimalalaya Hospital Trust vs CIT (E) in ITA No. 1435/B/2019 vide order dated 29/11/19 for assessment year 2019-20. 5.1. In our view, grant of approval/recognition under section 80 G of the Act, can act as catalyst to encourage prospective donors to look at intended activities/objects and possibly provide financial support through donations/contributions. In the facts of present case, assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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