9911796707
TMI Blog2024 (7) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... mended deed dated 01.12.2015, the main object is only Education as stated in application filed u/s 10(23C)(vi) of the Act and in Form No. 10AC issued by the PCIT. It seems that by an inadvertent error, the assessee has referred to all the objects including the objects deleted by way of amended deed dated 01.12.2015. When this fact was brought to the notice of the ld. CIT(E), in our considered opinion, the ld. CIT(E) ought to have considered application filed by the assessee in light of Form No. 10AC issued by the ld. PCIT dated 24.09.2021. Since, the ld. CIT(E) rejected the application of the assessee without considering arguments of the assessee in light of amended deed, we restore appeal back to the file of the ld. CIT(E) for fresh adjudi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee Shri H. Yeshwanth Kumar, CA, referring to the copy of Trust deed dated 05.04.2007 and copy of amended deed dated 01.12.2015 and submitted that initially the objects of the trust were relief of poor, education and medical relief. But, the assessee-trust has amended the objects by a trust deed dated 01.12.2015, and deleted two objects namely, relief of poor and medical relief and retained only one object namely Education . Further, while filing application under section 10(23C)(vi) of the Act, the assessee has rightly mentioned as main object Education as per amended deed dated 01.12.2015. While filing form 10AB under section 80G(5)(iii) of the Act, by inadvertent error, it was mentioned all three objects of trust deed dated 05. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t error, the assessee has referred to all the objects including the objects deleted by way of amended deed dated 01.12.2015. When this fact was brought to the notice of the ld. CIT(E), in our considered opinion, the ld. CIT(E) ought to have considered application filed by the assessee in light of Form No. 10AC issued by the ld. PCIT dated 24.09.2021. Since, the ld. CIT(E) rejected the application of the assessee without considering arguments of the assessee in light of amended deed, we are of the considered opinion that the appeal should go back to the file of the ld. CIT(E). Accordingly, we restore appeal back to the file of the ld. CIT(E) for fresh adjudication in light of various evidences that may be filed by the assessee to justify its ..... X X X X Extracts X X X X X X X X Extracts X X X X
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