SRI SARAVU MAHALINGA BHAT FOUNDATION,BENGALURU vs. THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), BENGALURU
In the result, the assessee’s appeal is allowed for statistical purposes
ITA 274/BANG/2021[NA]Status: DisposedITAT Bangalore06 Oct 2021
Bench: Shri Chandra Poojari, Am & Shri George George K, Jm Sri Saravu Mahalinga Bhat The Commissioner Of Income- Foundation, V-11, Tax (Exemption) V. Bangalore. Peenya 2Nd Stage Bangalore – 560 058. Pan : Aaxts7520F. (Appellant) (Respondent) Appellant By : Sri.Narendra Sharma, Advocate Respondent By : Sri.A.Srinivas Rao, Cit-Dr Date Of Pronouncement : 06.10.2021 Date Of Hearing : 06.10.2021 O R D E R Per George George K, Jm This Appeal At The Instance Of The Assessee Is Directed Against Cit(Exemptions)’S Order Dated 27.03.2021. 2. The Ground Raised Reads As Follows:- 1. The Order Of The Learned Cit In So Far As It Is Against The Appellant, Is Opposed To Law, Equity, Weight Of Evidence, Probabilities Facts & Circumstances Of The Case. 2. The Learned Cit Is Not Justified In Refusing To Grant Recognition U/S 80G Of The Income-Tax Act, 1961, On ·The Ground That The Genuineness Of The Activities For Grant Of Approval U/S 80G[5][Vi] Of The Act Cannot Be Verified Under The Facts & In The Circumstances Of The Appellant'S Case.
For Appellant: Sri.Narendra Sharma, AdvocateFor Respondent: Sri.A.Srinivas Rao, CIT-DR
Section 12ASection 80GSection 80G(5)Section 80G(5)(vi)
…to reject the application for grant of recognition u/s 80G(5)(vi) of the I.T.Act, 1961, as not eligible. In this connection reliance is placed on the following decisions:- Hon’ble Kerala High Court in the case of Self Employers Institution v. CIT reported in 247 ITR 18 has held that where there is no material before the Commissioner to be satisfied of the genuineness of the activities of the trust is a valid reason for rejection.” Accordingly, the application u/s 80G(5)(vi) of the Income tax Act, 1961 is hereby rejected.” 7. Aggrieved, the assessee has filed this appeal before the Tribunal. The learned Counsel f…