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TMI Blog2022 (6) TMI 515X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench and arguments of ld. AR of the assessee we hold that the assessee is eligible for approval of 80G of the Act since their 12AA registration is granted and continue. Even the assessment proceedings for A. Y. 2016-17 completed with out any adverse observation on the issue and the activities of the trust are in accordance with the condition prescribed. We set aside the order of ld. CIT(E) and direct ld. CIT(E) to grant an approval to the assessee u/s 80G of the Act. Thus, the grounds of appeal raised by the assessee is allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... from the assessee till date of passing of order by the ld. CIT(E). The ld. CIT(E) further observed that ld. JCIT and Assessing Officer vide report dated 04.12.2018 has also not recommended the case for approval u/s 80G of the Income Tax Act, 1961 on account of the following reasons. (i) The Society runs a college in the name of Dignity College of Architecture. The Society also generating surplus out of fees charged to students for providing education. (ii) The society is not involved in any other activities on mentioned in application Form 10G. 4. Further from the report of Income Tax Inspector and Assessing Officer, it has been observed that the society is not carrying out any other activities except running of Dignity College of Arch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he right to add, amend, or alter any ground or grounds of appeal at the time of hearing." 7. During the course of hearing, the ld. AR appearing on behalf of the assessee submitted that the assessee trust is already accorded an approval u/s 12AA of the Income Tax Act vide No. registration number ITBA/EXM/S//12AA/2016-17/1000438830(1) dated 21/10/2016. 8. The ld. AR of the assessee also submitted that merely there is no sign board and inability of Director of Society to submit the audit report and the surplus accumulated by the assessee cannot be sufficient ground for rejection for approval u/s 80G of the Act. Since the assessee trust is already fulfilling all the requirement of section 12AA of the act and enjoying the benefit of section 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s reproduced hereinbelow. "6. We have heard the rival submissions and perused the material available on record. The issue in present grounds is with respect to rejection of application u/s. 80G of the Act. Before us, the Ld. A.R. has submitted that assessee has been granted registration u/s. 12AA of the Act and the registration continues till date and the aforesaid registration has not been cancelled by the Commissioner of Income Tax. The aforesaid contention of the Ld. A.R. has not been controverted by the Revenue. We find that the Agra Bench of the Tribunal in the case of Dr. Gyanendra Goel Foundation Vs. Commissioner of Income Tax (supra) after relying on the decision of Hon'ble Gujarat High Court in the case of Hiralal Bhagwati Vs. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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