Case Law Details
Shiv Raj Sharma Shiksha Samiti Bilaspur Vs CIT (ITAT Lucknow)
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, the same can be very well examined by the AO at the time of framing assessment. We note that at the time of granting approval u/s 80G of the Act, only the object of trust is required to be examined and, therefore, assessee’s application seeking approval u/s. 80G(5) of the Act could not be rejected on ground that the assessee society is not engaged in charitable activities.
FULL TEXT OF THE ITAT JUDGMENT
This is assessee’s appeal against the order of the ld. CIT(A) dated 11/12/2017, refusing to grant approval under section 80G(5) of the Income-tax Act, 1961.
2. The brief facts of the case are that the assessee filed an application for approval under section 80G(5) of the Act on 7/6/2017 with the CIT (Exemptions), Lucknow. The ld. CIT (Exemptions), rejected the application and dismissed the appeal of the assessee, observing, as below:
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