SHREE DEWAN SHIKSHA SAMITI,JIND vs. CIT(E), CHANDIGARH
Facts
The assessee, Shree Dewan Shiksha Samiti, appealed the CIT(E)'s rejection of its application for 80G registration. The CIT(E) cited multiple reasons, including discrepancies in land ownership/lease versus building construction, continuous surplus and increase in fixed assets, unexplained cash deposits during demonetization, high fee structure along with significant donations, and the assessee's failure to provide requested documents and clarifications regarding various financial aspects and activities.
Held
The Income Tax Appellate Tribunal upheld the CIT(E)'s decision, finding that the assessee failed to satisfy the requirements for 80G approval under the Income Tax Act and Rule 11AA. The Tribunal noted that no material or submission was brought forth to contradict the CIT(E)'s findings, and the assessee's activities were not in line with its stated aims and objects, despite having 12AA registration.
Key Issues
Rejection of application for 80G registration due to lack of justification for activities, non-compliance with information requests, and discrepancies in financial reporting including fixed assets and cash deposits.
Sections Cited
Section 80G of the Income Tax Act, 1961, Section 12AA of the Income Tax Act, 1961, Rule 11AA of the Income Tax Rules, 1962
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH’ G’: NEW DELHI
per society's Memorandum of Association, based on which the
applicant was granted 12AA registration. The Ld. CIT(A) done
thorough examination and found that the appellant has completely
failed to satisfy the requirements for approval under section 80G of
the Act which have been provided under Rule 11AA of the Income
Tax Rules, 1962. There is no material brought or submission made
brought before us to contradict the findings and conclusion of the
Ld. CIT(E), therefore, we find no reason to interfere with the
impugned order of the Ld. CIT(E), accordingly, we find no merit in
the Grounds of Appeal of the assessee.
In the result, the Appeal filed by the assessee is dismissed.
Order pronounced in open Court on 30th April, 2024
Sd/- Sd/- (S. RIFAUR RAHMAN (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 30/04/2024 R.N, Sr.ps
9 ITA No. 8406/Del/2019 Shree Dwean Shiksha Samiti Vs. CIT(E)