INCOME TAX ACT, 1961

Section 11

Charitable trusts - Registration under section 12AA - Extension of exemption under section 80G in terms of CBDT Circular No. 5/2020 and Circular No. 7/2020 - Exemption under section 11 --- Extension of exemption under section 80G

Revenue challenged order of Tribunal directing registration to be accorded instead of reverting it back for re-examination. Revenue denied extension of exemption under section 80G to assessee. Case of revenue was that Tribunal could have ordered for setting aside order of Registering Authority refusing registration but it could not have directed for registration straight away in as much as there has to be satisfaction recorded by the Registering authority, which was lacking. Held: Tribunal correctly relied upon the judgment of Court in CIT v. Shri Vishav Namdhari Sangat [354 ITR 33] holding that Circular No. 5/2020 and Circular No. 7/2010 issued by Central Board of Direct Taxes had given perpetuity to exemptions granted under section 80G(5) and consequently, rightly allowed the exemption to continue.

Followed:CIT v. Shri Vishav Namdhari Sangat [354 ITR 33]

REFERRED :

FAVOUR : In assessee's favour

A.Y. :

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