ASHWINI SAHAKARI RUGNALAYA ANI SANSHIDHAN KENDRA,SOLAPUR vs. COMMISSIONER OF INCOME-TAX, (EXEMPTION), PUNE

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ITA 1696/PUN/2019Status: DisposedITAT Pune10 January 20207 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the assessee had already obtained approval under Section 80G which was not withdrawn, the subsequent rejection order was redundant. Therefore, the appeal was allowed.

What were the facts?

The assessee applied for exemption under Section 80G. The CIT(Exemptions) rejected the application citing lack of documentary evidence for charitable activities. However, the assessee had already obtained approval under Section 80G in a prior order.

What were the issues?

Whether a subsequent rejection of an application for Section 80G exemption is valid when prior approval under the same section has already been granted and not withdrawn.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI ANIL CHATURVEDI, AM & SHRI PARTHA SARATHI CHAUDHURY, JM

For Appellant: Shri Pramod Shingte
For Respondent: Shri B. Kishore
Hearing: 09.01.2020Pronounced: 09.01.2020

आदेश / ORDER

PER PARTHA SARATHI CHAUDHURY, JM :

1.

This appeal preferred by the assessee emanates from the order of the Ld.CIT (Exemptions), Pune dated 28.03.2019 passed u/s.80G(5)(vi) of the Income Tax Act, 1961 ( hereinafter referred to as „the Act‟) as per the grounds of appeal on record.

2.

The only grievance of the assessee is with regard to the issue of exemption u/s.80G of the Act.

3.

The facts on record states that an application in Form 10G for approval of the Trust/Institution was filed on 06.01.2017 requesting for granting of exemption u/s.80G of the Act before the Ld. CIT(Exemptions), Pune. Thereafter, the order dated 28.03.2019 was passed wherein the Ld. CIT(Exemptions) had denied to grant exemption u/s.80G of the Act to the assessee Trust in absence of any documentary evidences and other papers being not filed before the Department demonstrating the genuineness of charitable activities claimed to be carried out by the assessee Trust. Thereafter, vide order dated 28.03.2019, the Ld. CIT(Exemptions) had rejected the approval of the assessee u/s.80G (5)(vi) of the Act.

4.

The Ld. AR of the assessee before us pointed out that vide order dated 30.03.2017 i.e. prior to this rejection of application, the assessee Trust had already got approval u/s.80G (5)(vi) of the Act from 30.03.2017 till it is withdrawn. The Ld. AR therefore contended that once approval u/s.80G of the Act has been granted and it is not being withdrawn till date, there is no question of rejection of application u/s.80G of the Act vide order dated 28.03.2019 which therefore becomes redundant.

5.

The Ld. DR sought time to verify the contentions of the Ld. AR and submitted on record that he had sent letter to the Ld. CIT(Exemptions)‟ Office, Pune clarifying the entire situation which is made part of this order:

Thereafter, one reply had come from the Ld. CIT(Exemptions), Pune dated 07.01.2020 which is also made part of this order:

The Ld. DR therefore, submitted that in absence of any specific findings, it cannot be said that the approval u/s.80G of the Act once granted to the assessee was withdrawn and in all probabilities, it is still continuing.

6.

We have perused the case records and heard the rival contentions. We find that vide order dated 28.03.2019, the Ld. CIT(Exemptions) had rejected the approval of exemption u/s.80G of the Act to the assessee for the reason that relevant documentary evidences were not filed stating the genuineness of charitable activities conducted by the assessee. However, we also find that vide order dated 30.03.2017, the assessee Trust has already got approval u/s.80G(5)(vi) of the Act from the Ld. CIT(Exemptions) which is still continuing. This fact has not been denied by the Ld. DR nor any material contradicting to these facts were placed on record by the Revenue Authorities. Therefore, we are of the considered view, once approval of exemption u/s.80G(5)(vi) of the Act has been granted by the Department to the assessee Trust, it has not been withdrawn and it is still continuing. Therefore, the order dated 28.03.2019 is redundant in law as well as in facts.

7.

In the result, appeal of the assessee is allowed.

Order pronounced on 09th day of January, 2020.

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