Mahila Mangal Charitable Trust, New Delhi v. DIT (Exemptions), New Delhi

ITA 4166/DEL/2011 | misc
Pronouncement Date: 30-03-2012 | Result: Allowed

Appeal Details

RSA Number 416620114 RSA 2011
Assessee PAN AAATM1734F
Bench Delhi
Appeal Number ITA 4166/DEL/2011
Duration Of Justice 6 month(s) 13 day(s)
Appellant Mahila Mangal Charitable Trust, New Delhi
Respondent DIT (Exemptions), New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 30-03-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted E
Tribunal Order Date 30-03-2012
Date Of Final Hearing 27-03-2012
Next Hearing Date 27-03-2012
Assessment Year misc
Appeal Filed On 16-09-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : E : NEW DELHI BEFORE SHRI I.P. BANSAL JUDICIAL MEMBER AND SHRI K.G. BANSAL ACCOUNTANT MEMBER ITA NO.4166/DEL/2011 ASSESSMENT YEAR : - MAHILA MANGAL CHARITABLE TRUST C/O JINDAL & COMPANY 3803 DAVID STREET DARYA GANJ NEW DELHI. PAN : AAATM1734F VS. DIT (EXEMPTIONS) 3 RD FLOOR AAYAKAR BHAWAN DISTRICT CENTRE LAXMI NAGAR NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI AKHIL JINDAL CA REVENUE BY : SHRI R.S. NEGI SR.DR ORDER PER I.P. BANSAL JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE. IT IS DIRECTED AGAINST THE ORDER DATED 13 TH JULY 2011 PASSED BY THE DIRECTOR OF INCOME-TAX (EXEMPTIONS) DELHI UNDER SECTION 80G (5)(VI) OF THE INCOME TAX ACT 1961 READ WITH RULE 11AA OF INCOME-TAX RULES 1962. THE GROUNDS OF APPEAL ORIGINALLY FILED WITH THE FORM NO.36 WERE LE NGTHY AND THEY HAVE BEEN REVISED. THE ISSUE INVOLVED IN THIS APPEAL IS ONLY ONE THAT LD. DIT (E) HAS COMMITTED AN ERROR IN REJECTING THE APPLICAT ION OF THE ASSESSEE FOR RENEWAL OF EXEMPTION U/S 80G(5) ON THE GROUND TH AT ASSESSEES ACTIVITIES ARE NOT CHARITABLE IN NATURE. IT IS THE C ASE OF THE ASSESSEE THAT IT WAS GRANTED APPROVAL U/S 80G (5) (VI) FROM 1 ST APRIL 2008 TO 31 ST MARCH 2011 VIDE LETTER DATED 1 ST FEBRUARY 2008 THE COPY OF WHICH HAS BEEN FILED AND IF THE INSTITUTION IS REGISTERED U/S 12A THEN W.E.F. ITA NO.4166/DEL/2011 2 1.10.2009 THERE IS NOTHING TO SEEK RENEWAL OF THE SAID APPROVAL AS IT SHALL BE DEEMED TO HAVE BEEN EXTENDED IN PERPETUITY UNLESS SPECIFICALLY WITHDRAWN. IT WAS STATED AT BAR BY THE L D. COUNSEL OF THE ASSESSEE THAT THE REGISTRATION GRANTED TO THE ASSESSEE IS SUBSI STING AND IT HAS NOT BEEN EVEN WITHDRAWN TILL TODAY. 2. IN THIS VIEW OF THE SITUATION AFTER HEARING BOTH THE PARTIES WE FIND THAT THIS ISSUE IS COVERED BY THE EARLIER DECISIONS OF THE TRIBUNAL VIDE ORDER DATED 28 TH OCTOBER 2011 IN THE CASE OF EDUCATE INDIA SOCIETY VS. DIT (E) IN ITA NO.3895/DEL/2011 WHICH IS REPRODUCED HEREINBELOW FOR THE SAKE OF CONVENIENCE:- THIS IS AN APPEAL FILED BY THE ASSESSEE. IT IS DIRECTED AGAINST THE ORDER PASSED BY THE DIRECTOR OF INCOME-TAX (EXEMPTIONS) [DIT (E)] U/S 80G(5)(VI) OF INCOME-TAX A CT 1961 (THE ACT) READ WITH RULE 11AA OF INCOME-TAX RU LES 1962 (THE RULES). THE GROUNDS OF APPEAL READ AS UNDER :- 1. THAT THE REJECTION ORDERS PASSED U/S 80G(5)(VI) OF THE ACT ARE AGAINST THE LAW AND TO THE FACTS OF THE CASE. 1. THAT THE LD. DIT (EXEMPTIONS) FAILED TO APPRECIATE THA T AS PER THE AMENDED PROVISIONS OF LAW AFTER 1 ST OCTOBER 09 THE EXEMPTION ALREADY ALLOWED/GRANTED UP TILL 31.03.10 SHA LL BE DEEMED TO HAVE BEEN EXTENDED IN PERPETUITY UNLESS SPECI FICALLY WITHDRAWN AS CONTAINED IN BOARDS CIRCULAR NO.7/2010 (F.NO.197/21/2010 ITA I) DATED 27.10.2010. 2. THAT THE LD. DI (EXEMPTION) WAS FURTHER WRONG FOR NO T APPRECIATING THAT THE APPELLANT SOCIETY IS ALREADY REGISTE RED U/S 12A(A) OF THE INCOME TAX ACT 1961 FOR DOING CHARITAB LE ACTIVITIES AND ALSO FULFILL THE CONDITIONS LAID DOWN U/ S 80G(5)(VI) OF THE ACT AND GRANTED EXEMPTION U/S 80G FOR THE PERIOD FROM 01.04.07 TO 31.03.10 VIDE ORDERS DATED 26.04.2007. 3. THAT THE LD. DI (EXEMPTION) FURTHER FAILED TO CONSIDE R THE INFORMATION GIVEN AND THE DOCUMENTS FILED WHICH WERE ACKNOWLEDGED ON 10.03.11 PRIOR TO PASS THE REJECTION O RDERS FOR THE RENEWAL OF EXEMPTION TO THE APPELLANT SOCIETY. 4. THAT THE REJECTION OF RENEWAL OF EXEMPTION IS FURTHER BAD IN LAW AS NO REASONABLE AND PROPER OPPORTUNITY IF ANY W AS EVER AFFORDED TO THE APPELLANT SOCIETY TO PRESENT THEIR CASE BE FORE THE ITA NO.4166/DEL/2011 3 DI (EXEMPTION) BECAUSE THE NOTICE ALLEGED TO BE ISSUED WERE NOT RECEIVED/SERVED UPON TO THEM. 5. THAT APPELLANT SOCIETY ASSAILS THEIR RIGHTS TO AMEND ALTE R OR CHANGE ANY GROUNDS OF APPEAL OF ANY TIME EVEN DURING THE COURSE OF HEARING OF INSTANT APPEAL. 2. THE ASSESSEE BEING A CHARITABLE INSTITUTION FILED AN APPLICATION FOR RENEWAL OF APPROVAL U/S 80G(5) ON 10 TH MARCH 2011. THE ASSESSEE WAS ENJOYING APPROVAL U/S 80G VIDE ORDER DATED 26 TH APRIL 2007 PASSED U/S 80G(5)(VI) OF THE ACT FOR THE PERIOD FROM 1.4.2007 TO 31 ST MARCH 2010. SUCH APPLICATION FILED BY THE ASSESSEE HAS BEEN REJECTED BY LD. DIT (E). COPY OF THE APPLICATION HAS BEEN FI LED IN THE PAPER BOOK AT PAGES 67 ONWARDS. ON THE COVERING LETTE R WHICH IS FILED ON 10 TH MARCH 2011 TO SEEK RENEWAL OF EXEMPTION U/S 80G SUBJECT HAS BEEN MENTIONED AS BELOW: - REF: RENEWAL OF EXEMPTION U/S 80G OF THE INCOME TAX ACT 1961 OF EDUCATE INDIA SOCIETY. 3. ALONG WITH THE AFOREMENTIONED COVERING LETTER V ARIOUS DOCUMENTS WERE ALSO FILED WHICH INTER ALIA CONTAINE D COPY OF APPLICATION IN FORM 10G; PHOTO COPY OF 80G CERTI FICATE; PHOTO COPY OF REGISTRATION U/S 12A(A) OF THE ACT; PHO TO COPY OF ITR FOR THE LAST THREE YEARS; COPY OF AUDITED BALA NCE SHEETS FOR THE LAST THREE YEARS ETC. FROM THE ORDER O F LD. DIT (E) IT APPEARS THAT THE ASSESSEE DID NOT APPEAR IN RESPONSE TO THE NOTICES ISSUED BY HIM. THEREFORE TAKIN G INTO ACCOUNT THE NON-APPEARANCE OF THE ASSESSEE LD. DI T (E) HAS REJECTED THE APPLICATION OF THE ASSESSEE BY OBSERVING THAT IN THE ABSENCE OF DOCUMENTARY EVIDENCE OF CHARITABLE ACTIVITIES AND ALSO MISUSE OF CORPUS DONATION RECEIVED FROM DONORS FOR A PARTICULAR PURPOSE THE ASSE SSEE DID NOT SATISFY THE CONDITIONS LAID DOWN U/S 80G(5) OF THE ACT. THE ASSESSEE IS AGGRIEVED BY SUCH ORDER PASSED BY LD. DIT (E) AND HENCE HAS FILED THE AFOREMENTIONED APP EAL. 4. AT THE OUTSET IT WAS SUBMITTED BY THE LEARNED AR T HAT BY OMISSION OF THE PROVISO TO SECTION 80G(5) (VI) THE ASSESSEES OBLIGATION TO SEEK SUCH RENEWAL HAS BEEN DONE AWAY WITH AND THIS POSITION OF LAW HAS BEEN MADE CLEAR BY THE CBDT VIDE ITS CIRCULAR NO.7/2010 (F.NO.197/21/20 10- ITA-I DATED 27 TH OCTOBER 2010). HE HAS PLACED ON OUR RECORD A COPY THEREOF WHEREIN THE BOARD HAS ISSUED CER TAIN CLARIFICATION WITH REGARD TO PERIOD OF VALIDITY OF APPROVALS ITA NO.4166/DEL/2011 4 INTER ALIA INCLUDING U/S 80G (5). IN PARA 5OF THE SAI D CIRCULAR IT HAS BEEN STATED AS UNDER:- 5. AS REGARDS APPROVALS GRANTED UPTO 1-10-2009 UNDER SECTION 80G BY THE COMMISSIONERS OF INCOME- TAX/DIRECTORS OF INCOME-TAX PROVISO TO SECTION 80G(5)(VI) CLARIFIED THAT ANY APPROVAL SHALL HAVE EFF ECT FOR SUCH ASSESSMENT YEAR OR YEARS NOT EXCEEDING FIVE ASSESSMENT YEARS AS MAY BE SPECIFIED IN THE APPROVAL. THE ABOVE PROVISO WAS DELETED BY THE FINANCE (NO. 2) ACT 2009. THE INTENT BEHIND THE DELETION OF ABOVE PROVISO AS EXPLAINED IN THE EXPLANATORY MEMORANDUM TO FINANCE (NO. 2) BILL 2009 WAS AS UNDER : FURTHER AS PER CLAUSE (VI) OF SUB-SECTION (5) OF SECTION 80G OF THE INCOME-TAX ACT 1961 THE INSTITUTIONS OR FUNDS TO WHICH THE DONATIONS ARE MADE HAVE TO BE APPROVED BY THE COMMISSIONER OF INCOME-TAX IN ACCORDANCE WITH THE RULES PRESCRIBED IN RULE 11AA OF THE INCOME-TAX RULES 1962. THE PROVISO TO THIS CLAUSE PROVIDES THAT ANY APPROVAL GRANTED UNDER THIS CLAUSE SHALL HAVE EFFECT FOR SUCH ASSESSMENT YEAR OR YEARS NOT EXCEEDING FIVE ASSESSMENT YEARS AS MAY BE SPECIFIED IN THE APPROVAL. DUE TO THIS LIMITATION IMPOSED ON THE VALIDITY OF SUCH APPROVALS THE APPROVED INSTITUTIONS OR FUNDS HAVE TO BEAR THE HARDSHIP OF GETTING THEIR APPROVALS RENEWED FROM TIME TO TIME. THIS IS UNDULY BURDENSOME FOR THE BONA FIDE INSTITUTIONS OR FUNDS AND ALSO LEADS TO WASTAGE OF TIME AND RESOURCES OF THE TAX ADMINISTRATION IN RENEWING SUCH APPROVALS IN A ROUTINE MANNER. THEREFORE IT IS PROPOSED TO OMIT THE PROVISO TO CLAUSE (VI) OF SUB-SECTION (5) OF SECTION 80G TO PROVIDE THAT THE APPROVAL ONCE GRANTED SHALL CONTINUE TO BE VALID IN PERPETUITY. FURTHER THE COMMISSIONER WILL ALSO HAVE THE POWER OF WITHDRAW THE APPROVAL IF THE COMMISSIONER IS SATISFIED THAT THE ACTIVITIES OF SUCH INSTITUTION OR FUND ARE NOT GENUINE OR ARE NOT BEING CARRIED OUT IN ACCORDANCE WITH THE OBJECTS OF THE INSTITUTION OR FUND. THIS AMENDMENT WILL TAKE EFFECT FROM 1ST DAY OF OCTOBER 2009. ACCORDINGLY EXISTING APPROVALS EXPIRING ON OR AFTER 1ST OCTOBER 2009 SHALL BE DEEMED TO HAVE BEEN ITA NO.4166/DEL/2011 5 EXTENDED IN PERPETUITY UNLESS SPECIFICALLY WITHDRAWN. IT APPEARS THAT SOME DOUBTS STILL PREVAIL ABOUT THE PERIOD OF VALIDITY OF APPROVAL UNDER SECTION 80G SUBSEQUENT TO 1-10-2009 ESPECIALLY IN VIEW OF THE FAC T THAT NO CORRESPONDING CHANGE HAS BEEN MADE IN RULE 11A(4). TO REMOVE ANY DOUBTS IN THIS REGARD IT IS REITERATED THAT ANY APPROVAL UNDER SECTION 80G(5) ON OR AFTER 1-10-2009 WOULD BE A ONE TIME APPROVAL WHICH WOULD BE VALID TILL IT IS WITHDRAWN. 5. HE FURTHER SUBMITTED THAT INTERPRETING THE STATUTO RY PROVISIONS IN THE LIGHT OF THE OMISSION OF PROVISO TO SE CTION 80G (5)(VI) HONBLE ALLAHABAD HIGH COURT IN THE CA SE OF BABU HARGOVIND DAYAL TRUST VS. ITAT (2011) 199 TAXMAN 138 (ALL) HAS RULED THAT 80G EXEMPTION SHALL BE DEEME D TO BE CONTINUED IN PERPETUITY AND IT WILL CONTINUE SO LONG AS IT IS NOT WITHDRAWN AS PER THE PROVISIONS OF IT ACT. IN T HAT CASE THE APPLICATION FOR RENEWAL WAS MADE ON 31 ST MARCH 2010 AS SAID EXEMPTION WAS EXPIRING AFTER 1 ST OCTOBER 2009. IT WAS HELD THAT THE DIRECTIONS OF CIT (A) FOR REJECTION OF RENEWAL APPLICATION WAS NOT REQUIRED TO BE MAINTA INED AS BY VIRTUE OF OPERATION OF LAW THE EXEMPTION SHALL BE DEEMED TO BE CONTINUED IN PERPETUITY AND IT WILL CO NTINUE SO LONG AS IT IS NOT WITHDRAWN AS PER THE PROVISIONS OF T HE ACT. HE HAS ALSO PLACED A COPY OF THE SAID DECISION ON OUR RECORD AND A COPY WAS ALSO GIVEN TO THE LEARNED DR. THEREFORE IT IS THE CASE OF THE LEARNED AR THAT DIRE CTIONS OF DIT (E) REGARDING REJECTION OF RENEWAL APPLICATION FILED BY THE ASSESSEE ARE NOT MAINTAINABLE AND SHOULD BE VACATED AS THE ASSESSEE BY VIRTUE OF PROVISIONS OF LAW WILL ENJOY THE APPROVAL U/S 80G IN PERPETUITY AS IT HAS BEEN ALREADY GRANTED WITH APPROVAL WHICH FALL BEYOND 1 ST OCTOBER 2009 AND IS UPTO 31 ST MARCH 2010. 6. ON THE OTHER HAND RELYING UPON THE ORDER PASSED B Y THE DIT (E) IT IS THE CASE OF THE LEARNED DR THAT TH E ASSESSEES APPLICATION HAS RIGHTLY BEEN REJECTED AS THE ASSESSEE DID NOT APPEAR TO SUBSTANTIATE ITS APPLICATION FO R RENEWAL OF THE APPROVAL. 7. WE HAVE HEARD BOTH THE PARTIES. WE HAVE ALSO CAREFULLY GONE THROUGH THE PROVISIONS OF SECTION 80G( 5). CLAUSE (VI) OF SUB-SECTION (5) OF SECTION 80G STIPULATE S FOR THE NON-TAXABILITY OF DONATIONS RECEIVED BY AN INSTIT UTION WHICH INTER ALIA INCLUDES CHARITABLE INSTITUTION REGI STERED ITA NO.4166/DEL/2011 6 U/S 12 OF THE ACT. THE FUNDAMENTALS OF SUB-SECTION (5) OF SECTION 80G IS THAT 80G APPROVAL WILL BE GRANTED TO THE CHARITABLE INSTITUTIONS ON THE SAME LINE AS THE REGISTRA TION TO A CHARITABLE INSTITUTION IS GRANTED U/S 12A. THE A SSESSEE IS ALREADY ENJOYING BENEFIT OF REGISTRATION AS CHARITA BLE INSTITUTION WHICH IS NOT SHOWN TO BE WITHDRAWN. IT AP PLIED FOR RENEWAL U/S 80G(5)(VI) AS THE VALIDITY PERIOD OF ALREADY GRANTED APPROVAL HAD EXPIRED. BEFORE OMISSION OF THE PROVISO TO SECTION 80G(5) (VI) BY THE FINANCE (NO.2) ACT 2009 W.E.F. 1.10.2009 IT WAS THE REQUIREMENT OF LA W THAT APPROVAL GRANTED U/S 80G SHALL HAVE EFFECT FOR SUCH ASSESSMENT YEAR OR YEARS NOT EXCEEDING FIVE ASSESSMENT YEARS WHICH WAS TO BE SPECIFIED IN THE APPROVAL ITSELF. 8. AS PER PROVISIONS APPLICABLE AT THE TIME OF GRANT O F APPROVAL LD. DIT (E) VIDE ORDER DATED 26 TH APRIL 2007 HAD GRANTED APPROVAL FOR THE PERIOD FROM 1.4.2007 TO 31 ST MARCH 2010. IT IS ALREADY MENTIONED THAT THE ASSESSEE IS ENJOYING REGISTRATION U/S 12A (A) OF THE IT ACT 1961 THE COPY OF WHICH HAS BEEN PLACED ON RECORD AT PAGE 15 O F THE PAPER BOOK. THE SAID REGISTRATION HAS NOT BEEN SHOWN T O BE WITHDRAWN AND THUS THE ASSESSEE HAS ALWAYS BEEN TREATED AS CHARITABLE INSTITUTION REGISTERED U/S 12A(A) OF THE ACT. THE ASSESSEE AS ITS APPROVAL WAS EXPIRED ON 31 ST MARCH 2010 HAD FILED AN APPLICATION SEEKING THE R ENEWAL ON 10 TH MARCH 2011. FIRSTLY IT HAS TO BE SEEN THAT WHETHER OR NOT THE ASSESSEE WAS UNDER ANY OBLIGATION TO SEEK SUCH RENEWAL. THE AFOREMENTIONED PROVISO HAS BEEN OMITTED FROM 1.10.2009 AND SUCH OMISSION OF PROVISO HAS BEEN INTERPRETED BY THE CBDT IN AFOREMENTIONED CIRCULAR NO.7/2010 AND IT HAS BEEN MENTIONED IN THE CIRCULAR THAT VARIOUS REFERENCES HAVE BEEN RECEIVED BY THE BOARD FR OM THE FIELD FORMATIONS AS WELL AS FROM THE MEMBERS OF PUB LIC ABOUT THE PERIOD OF VALIDITY OF APPROVALS GRANTED U/ S 80G (5) OF THE ACT AND IN VIEW TO RESOLVE SUCH REFERENCES THE BOARD HAS CLARIFIED THE OMISSION OF AFOREMENTIONED PRO VISO IS INTERPRETED TO MEAN THAT THE APPROVAL ONCE GRANTE D SHALL CONTINUE TO BE VALID IN PERPETUITY. AT THE SAME TIM E IT HAS BEEN MENTIONED THAT THE COMMISSIONER WILL ALSO HAVE TH E POWER TO WITHDRAW THE APPROVAL IF THE COMMISSIONER IS SATISFIED THAT THE ACTIVITIES OF SUCH INSTITUTION OR FUN D ARE NON-GENUINE OR ARE NOT BEING CARRIED OUT IN ACCORDA NCE WITH THE OBJECTS OF THE INSTITUTION OR FUND. NO MATE RIAL WHATSOEVER HAS BEEN BROUGHT ON RECORD TO SUGGEST THAT THE APPROVAL GRANTED BY THE DEPARTMENT TO THE ASSESSEE U/S 80G HAS EVER BEEN WITHDRAWN. WHAT HAS BEEN ITA NO.4166/DEL/2011 7 CONSIDERED BY THE LD. DIT (E) IN HIS ORDER IS THE APPL ICATION FILED BY THE ASSESSEE FOR RENEWAL OF APPROVAL WHICH CAN NOT IN ANY MANNER BE INTERPRETED AS WITHDRAWAL OF APPROV AL U/S 80G. NOW THE QUESTION WILL BE THAT WHETHER BY MERE FILING THE APPLICATION FOR RENEWAL OF APPROVAL U/S 80G THE ASSESSEE CAN BE HELD TO BE NOT ENTITLED FOR THE BENEFIT OF APPROVAL U/S 80G. IN OUR OPINION WHERE THERE IS NO STATUTORY OBLIGATION ON THE ASSESSEE TO SEEK RENEWAL OF T HE APPROVAL THEN THE APPLICATION FILED BY THE ASSESSEE HAS NO MEANING AS THE STATUTORY PROVISIONS WILL PREVAIL. TH E INTERPRETATION OF THE STATUTORY PROVISION AS WELL AS TH E AFOREMENTIONED CIRCULAR ISSUED BY THE CBDT CLEARLY STA TES THAT THE EXISTING APPROVALS EXPIRING ON OR AFTER 1ST OCTOBER 2009 SHALL BE DEEMED TO HAVE BEEN EXTENDED IN PERPET UITY UNLESS SPECIFICALLY WITHDRAWN. ALL THE AUTHORITIES WOR KING UNDER THE CONTROL OF CBDT ARE BOUND TO FOLLOW THE INSTRUCTIONS ISSUED BY THE CBDT. THEREFORE IT HAS TO B E HELD THAT AS ASSESSEES EXISTING APPROVAL WAS EXPIRING ON OR AFTER THE 1 ST DAY OF OCTOBER 2009 THE SAME SHALL BE DEEMED TO HAVE BEEN EXTENDED IN PERPETUITY UNLESS SPECIFICALLY WITHDRAWN. WE HAVE ALREADY MENTIONED T HAT THERE IS NO MATERIAL ON RECORD ACCORDING TO WHICH IT CAN BE SAID THAT THE APPROVAL GRANTED TO THE ASSESSEE U/S 80G (5 ) WAS SPECIFICALLY WITHDRAWN AND WHAT IS REJECTED BY THE IMPUGNED ORDER IS THE RENEWAL APPLICATION OF THE ASSESSE E WHICH DOES NOT HAVE ANY MEANING IN LAW AS THE ASSESSEE WAS NOT UNDER AN OBLIGATION TO SEEK RENEWAL AS APPROV AL GRANTED TO IT SHALL BE DEEMED TO HAVE BEEN EXTENDED IN PERPETUITY. THE AFOREMENTIONED DECISION OF HONBLE ALLAHABAD HIGH COURT IN THE CASE OF BABU HARGOVIND D AYAL TRUST (SUPRA) ALSO SUPPORT THIS PROPOSITION. THEREFORE WE VACATE THE ORDER OF LD. DIT (E) VIDE WHICH THE RENE WAL APPLICATION FILED BY THE ASSESSEE FOR APPROVAL U/S 80G H AS BEEN REJECTED. IT IS HELD THAT THE APPROVAL GRANTED TO THE ASSESSEE U/S 80G WILL ACT IN PERPETUITY UNLESS IT IS SPECIFICALLY WITHDRAWN BY THE LD. DIT (E). THE APPE AL FILED BY THE ASSESSEE IS ALLOWED IN THE MANNER AFORESAID. 9. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 28.10.2011. ITA NO.4166/DEL/2011 8 3. THE AFOREMENTIONED DECISION WAS LATER ON FOLLOWED IN THE CASE OF INDIAN PLUMBING ASSOCIATION VS. DIT (EXEMPTIONS) VIDE ORDER DATED 9 TH JANUARY 2012 IN ITA NO.4876/DEL/2011. THE ASSESSEE HA S ALSO PRODUCED BEFORE US A LETTER ISSUED BY ITO (HQRS) (E) DELHI DATED 14 TH OCTOBER 2011 IN THE CASE OF COMMODORE GARG MEMORIAL EDUCATIONAL TRUST C/O NAVAL CONSTRUCTION WING APPLIED MECHANICS DEPARTMENT IIT NEW DELHI WHEREIN THE DEPARTMENT ITSELF HAS ADMI TTED THAT THE APPROVAL U/S 80G SHALL REMAIN VALID FROM 1.4.2010 ONW ARDS TILL IT IS RESCINDED. THE TEXT OF THE SAID LETTER IS AS UNDER:- NO.DIT (E) 2011-12/C-649/3064 DATED: 14/10/11 TO COMMODORE GARG MEMORIAL EDUCATIONAL TRUST C/O NAVAL CONSTRUCTION WING APPLIED MECHANICS DEPARTMENT IIT NEW DELHI. PLEASE REFER TO YOUR APPLICATION FILED IN FORM NO.10 G ON 05.04.2010 SEEKING RENEWAL OF CERTIFICATE ISSUED U/S 80G OF THE ACT. IN THIS CONNECTION IT IS BROUGHT TO YOUR NOTICE THAT AN AMENDMENT WAS MADE TO SECTION 80G (5) (VI) THROUGH FINA NCE ACT (NO.2) 2009. IN VIEW OF ABOVE AMENDMENT THE CERTIFICATE ISSUED EARL IER IN YOUR CASE FOR EXEMPTION U/S 80G VIDE THIS OFFICE O RDER NO. DIT (E) 2006-2007/C-649/3379 DATED 07.03.2007 WHICH WAS VALID UPTO 31.03.2010 IS ALSO VALID FROM 01.04.2010 ONWARDS TIL L IT IS RESCINDED AND SUBJECT TO THE SAME CONDITIONS AND ALSO SUBJECT TO THE CONDITION THAT YOUR CASE SHOULD NOT BE HIT BY THE NEWL Y INSERTED PROVISO TO SECTION 2 (15) OF THE ACT. THIS ISSUES WITH THE PRIOR APPROVAL OF DIRECTOR OF IN COME-TAX (EXEMPTIONS) DELHI. (SATENDRA KUMAR) INCOME TAX OFFICER (HQRS.) (E) DELHI. 4. IN VIEW OF THE ABOVE POSITION WE FIND MERIT IN T HE CLAIM OF THE ASSESSEE AND THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ITA NO.4166/DEL/2011 9 5. IN THE RESULT THE APPEAL IS ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 30.03.20 12. SD/- SD/- [K.G. BANSAL] [I.P. BANSAL] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 30.03.2012. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT TRUE COPY BY ORDER DEPUTY REGISTRAR ITAT DELHI BENCHES