9911796707
TMI Blog2020 (12) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... not correct in treating that the Trust has not carried out noticeable activities to grant exemption u/s.80G of the Act, though the Appellant's activities covered for granting recognition u/s.80G. 3. The CIT (Exemption) erred in following decisions in the case of Ganjam Nagappa and Son and Self Employers institution as these decisions are not applicable to the Appellant's case and it is totally different. 4. The Appellant craves leave to add, to alter, to amend or to delete any of the grounds that may be urged at the time of hearing of the Appeal 3. The assessee duly registered under section 12AA of the Income Tax Act, 1961 (hereafter called 'the Act'). The assessee applied for grant of recognition under section 80G of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dents and there is no restriction in providing the education to any case, creed and religion. Presently in the institution totally 400-450 students are studying from LKG to 7th Standard. The assessee has provided the details of Fees Collection and Expenditure spent from AY 2017- 18 (FY 2016-17) to AY 2019-20 (FY 2018-19) which is as under: Year Fees Collection Expenditure Spent AY 2017-18( FY 2016-17) Rs. 26,50,000 Rs. 24,00,800 AY 2018-19 (FY 2017-18) Rs. 79,99,067 Rs. 78,84,142 AY 2019-20 (FY 2018-19) Rs. 2,16,58,000 Rs. 1,42,35,775 4. Learned AR of the assessee stated that the assessee Trust carries on the education activities through its institution. Hence the averments of CIT (E) was not correct that the assessee h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be rejected in absence of activities of the Trust. However the present case the assessee Trust is carrying on the educational charitable activities since its establishment. Hence, this decision is squarely applicable to the assessee's case. The assessee has relied on the following judgments: 1. Vidyashilp Community Trust Vs CIT (E) {ITA No.1619/Bang/2019} dated 15.11.2019, Bangalore ITAT. 2. Chiranthana Vs CIT (E) [ITA no.2014/Bang/2019} dated 02.01.2020 (ITAT Bangalore) 3. OLA Foundation Vs CIT (E) { ITA no.215/Bang/2018 dated 26.10.2018 (ITAT Bangalore) 4. Vimalalaya Hospital Trust Vs CIT (E) in ITA 1435/Bang/2019 Vide order dated 29.11.2019 for AY 2019-20. 7. On the other hand, learned DR relied on the order of CIT(E). 8. We h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 12A/12AA of the Act. Principle of consistency is also in favour of the assessee as based on the factual position. The assessee is carrying on the same objects as approved by the Department. Being so, there is no justification for rejecting the application for renewal under section 80G of the Act. The judgment relied on by the CIT(E) in its order is with regard to the fact that approval is not automatic since no charitable activities were being carried on by that assessee. In the present case, assessee filed details wherein assessee clearly demonstrated that assessee has been running the educational institution and it is not dormant and assessee being so, we direct the CIT(E) to grant the recognition under section 80G of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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