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TMI Blog2018 (11) TMI 1919X X X X Extracts X X X X X X X X Extracts X X X X ..... ied under Section 80-G(5)(ii) and the clauses narrated therein. That none of the clauses in Section 80-G(5)(ii) would be said to be applicable herein. It only postulates that any income derived from the charitable trust may be used for charitable purpose. Therefore, the rejection of the application is inappropriate. However, we are of the considered view that this consideration can only be made, during the assessment proceedings. The question whether renewal is justified or not, is not necessary to be considered at this stage. The applicability of the income of the assessee whether it is for charitable purposes or not are all questions of fact and necessarily can be gone into by the assessing authority at the time of assessing the income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner passed an order on 31-8-2009 rejecting the application for renewal of recognition under Section 80-G. Aggrieved by the same, the assessee preferred an appeal before the Tribunal. The Tribunal dismissed the appeal. Hence, this appeal. By the order dated 8-11-2010 the appeal was admitted to consider the following four substantial questions of law:- i) Whether on the facts and in the circumstances of the case, the Honourable Tribunal was right in law in holding that the Appellate Trust is not eligible for renewal of approval under Section 80G? ii) Whether on the facts and in the circumstances of the case, the Tribunal was right in law failing to hold that the Appellant Trust is eligible for automatic renewal of approval unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being used by the assessee towards the object of the Trust is very miniscule. That most of the income that is used is only as a result of letting-out of the building, for business purposes. That it is not the object of the Trust at all. 3. The same is countered by the learned counsel for the assessee on the ground that the condition as specified in Section 80-G(5)(ii) postulates that income could be used for charitable purposes. That letting out of the property is not barred by law. That the figures as narrated in the order of the Commissioner is not the complete reflection of facts. He places reliance on the returns filed which would indicate that Rs.16,15,878/- was repaid for the current year towards repayment of the principal amount o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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