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Commissioner Of Income Tax Rajkot I vs Arvindbhai Maniar Charitable ... on 2 December, 2014 cites

Commissioner Of Income Tax-Ii vs M/S Surya Educational & Charitable ... on 5 October, 2011

6. Having heard the learned Counsel for the appellant-revenue and having gone through the material on record including the orders passed by the CIT(A) as well as the Tribunal, we are unable to accept the submission made by Mr. Desai that the decision of this Court, as referred herein above, would not apply to the case on hand. It is well settled position of law that at the time of granting approval under Section 80G of the Act, what is to be examined is the object of the trust and so far as the aspect of income is concerned, same can be very well examined by the AO at the time of framing assessment. However, in the case on hand, the assessee-Trust was refused recognition only on the ground that it had not spent 85 per cent of the amount towards the objects of the Trust. The Tribunal, while passing the impugned order, relied on a decision of the Punjab & Haryana High Court in "CIT VS. SURYA EDUCATIONAL & CHARITABLE TRUST" [2011] 203 Taxmann 53, wherein, the High Court held that at the stage of registration under Section 12AA of the Act, the extent and nature of activities are not required to be examined and the same is required to be examined in assessment proceedings. Similar view is taken by this Court in Tax Appeal No. 306 of 2014 and the allied matters. In view of the above discussion, we are of the opinion that the Tribunal committed no jurisdictional error in issuing direction to grant recognition to the Respondent-Trust under Section 80G(5) of the Act. Since, the issue is squarely covered by the aforesaid decisions, we refrain ourselves from making any further observations in this regard."
Punjab-Haryana High Court Cites 8 - Cited by 61 - H Gupta - Full Document
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