MANAV SEVA TRUST,SURENDRANAGAR vs. THE CIT(EXEMPTION), AHMEDABAD
Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD
Before: SMT. ANNAPURNA GUPTA & MS. SUCHITRA KAMBLE
PER: ANNAPURNA GUPTA - AM:
The present appeal has been filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Exemption), (hereinafter referred to as “CIT(E)”), Ahmedabad dated 29.12.2024 denying the approval under Section 80G(5) of the Income Tax Act, 1961 (hereinafter referred to as the “Act”).
The grounds of appeal raised by the assessee are as under:
“1. Learned CIT (Exemption) erred in law and facts by making the order by rejecting the application filed in form 10AB for granting approval under clause (iii) of the first proviso to section 80G(5) of the act for not producing evidence like affidavit and the document showing application made to the charity office for amending or removing the object as required by the authority.
Due to lack of knowledge, guidance and time limitation, documents are pending to produce against the notice issued by the authority.
Appellant craves to add, alter or delete any grounds either before or in the course of hearing of the appeal.” Asst.Year –N.A. 3. We have gone through the order of Ld. CIT(E) and we are not in agreement with his order denying approval to the assessee under Section 80G(5) of the Act. The reason for the same is that we have noted that the Ld. CIT(E) to have denied approval to the assessee noting that one of its objects was religious in nature. The object so noted by the Ld. CIT(E) is one mentioned in Para 8.1 of his order as under:
“8.1
To begin with, on perusal of the objects of the applicant as stipulated in the instrument of creation, it is observed that the objectives/objects of the applicant is partly religious/composite in nature which put the applicant under the category of composite trust i.e. Religious-cum-charitable trust. The object under dispute is/are reproduced as under:
Helping Religious place, food fields (annashetra) etc.”
Reading this object the Ld. CIT(E) has arrived at a conclusion that it is religious in nature. We fail to understand how the reading of this object could lead to such a conclusion. The object only mentions helping religious place. This is the only connection with “religious” which is mentioned in the object. Asst.Year –N.A. passing a special resolution to this effect and is now in possession of Notarized Affidavit of the special resolution. The said affidavit and the objects change application were filed before us.
In light of the above, it is clearly evident that the Ld. CIT(E) has acted in haste in rejecting application seeking approval under Section 80G(5) of the Act without considering all facts relating to the issue and without providing adequate opportunity of hearing to the assessee to demonstrate that none of it’s objects were religious in nature and neither had it incurred any expenditure for religious activities.
In light of the same we deem it fit to direct the Ld. CIT(E) to reconsider the application of the assessee for grant of approval in terms of Section 80G(5) of the Act after giving due opportunity of hearing to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
This Order pronounced in Open Court on 20/05/2025 - (SUCHITRA KAMBLE)
(ANNAPURNA GUPTA)
Ahmedabad; Dated 20/05/2025
TANMAY, Sr. PS RUE COPY
आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to :
अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ(अपील) / The CIT(A)- 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडŊ फाईल / Guard file.
आदेशानुसार/ BY ORDER,
उप/सहायक पंजीकार (Dy./Asstt.