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2021 (6) TMI 100

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..... procedures prescribed under the Income Tax Act. From the perusal of the impugned order, it is clear that the ld. CIT, Exemption had denied the grant of registration by taking into consideration that the corpus donations collected in the preceding financial years had escaped assessment to tax which clearly falls under the realm of the assessment. In view of the settled position of law discussed above, we are of the considered opinion that the grounds on which the ld. CIT, Exemption had rejected the grant of registration are untenable in law. Accordingly, we direct the ld. CIT, Exemption to grant the registration u/s 12AA. - Decided in favour of assessee. - ITA No. 601/PUN/2020 - - - Dated:- 1-6-2021 - SHRI INTU RI RAMA RAO, AM AND SHR .....

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..... ment, women empowerment, medical help etc. An application in Form No.10A was made on 16.03.2020 for grant of registration u/s 12AA of the Act. On receipt of the said application, the ld. CIT, Exemption had issued letter through ITBA Portal on 09.06.2020 calling for certain information/clarification so as enable him to process the application. 4. On receipt of the said questionnaire, the required information was filed by the assessee, on consideration of the said information, the ld. CIT, Exemption gave a finding that the corpus donations collected during the financial years 2016-17, 2017-18 and 2018-19 shall form part of the taxable income in the absence of any registration u/s 12AA of the Act which the appellant had failed to offer to t .....

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..... of registration as held by the following decisions :- (i) Fifth Generation Education Society vs. CIT, 185 ITR 634; (ii) Shantagauri Ramniklal Trust vs. CIT, 239 ITR 528; (iii) M. Visvesvaraya Industrial Research And Development Centre vs. ITAT, 251 ITR 852; (iv) New Life in Christ Evangelistic Association vs. CIT, 246 ITR 532; (v) N.N. Desai Charitable Trust vs. CIT, 246 ITR 452; and, (vi) CIT vs. Vijay Vargiya Vani Charitable Trust, 369 ITR 360. 9. From the perusal of the impugned order, it is clear that the ld. CIT, Exemption had denied the grant of registration by taking into consideration that the corpus donations collected in the preceding financial years had escaped assessment to tax which clearl .....

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