IT: Where assessee-trust had valid approval under section 80G(5) on 1-10-2010, such approval shall continue in perpetuity as per Circular No. 5 dated 3-6-2010
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[2013] 35 taxmann.com 396 (Punjab & Haryana)
HIGH COURT OF PUNJAB AND HARYANA
Commissioner of Income-tax
v.
Shri Vishav Namdhari Sangat*
HEMANT GUPTA AND MS. RITU BAHRI, JJ.
IT APPEAL NO. 239 OF 2012 ( O & M)†
JANUARY 30, 2013
Section 80G of the Income-tax Act, 1961 - Deductions - Donation to certain funds, charitable institutions, etc. [Grant of approval under sub-section (5)] - Whether where assessee-trust had valid approval under section 80G(5) on 1-10-2010, such approval shall continue in perpetuity as per Circular No. 5 dated 3-6-2010 – Held, yes [Para 4] [In favour of assessee]
Circulars and Notifications : Circular No. 5 dated 3-6-2010 and Circular No. 7 dated 27-10-2012
CASES REFERRED TO
Vishav Namdhari Sangat v. CIT [2012] 137 ITD 74/22 taxmann.com 287 (Chd.) (para 1).
Rajesh Katoch for the Appellant.
JUDGMENT
Hemant Gupta, J. - The Revenue is in appeal under section 260A of the Income-tax Act, 1961 (for short "the Act"), against the order dated May 17, 2012, passed by the Income-tax Appellate Tribunal, Chandigarh Bench "A", Chandigarh (for short "the Tribunal"), in I. T. A. No. 805/ CHD/2011Vishav Namdhari Sangat v. CIT [2012] 137 ITD 74/22 taxmann.com 287 (Chd.) holding that the approval once granted to the assessee under section 80G(5) of the Act shall continue in perpetuity as per Circular No. 5 dated June 3, 2010, issued by the Central Board of Direct Taxes (for short "the CBDT"). Our attention has been drawn to Circular No. 7 of 2010 issued by Central Board of Direct Taxes wherein the circular issued earlier has been clarified and reiterated.
2. The Revenue has claimed the following substantial questions of law :
| "(i) | Whether, on the facts and in the circumstances of the case, the hon'ble the Income-tax Appellate Tribunal was justified in setting aside the order of Commissioner of Income-tax relying upon the assessee's version that the approval once granted under section 80(G)(5) of the Income-tax Act shall continue in perpetuity as per Circular No. 5 of 2010 ? | |
| (ii) | Whether, on the facts and in the circumstances of the case, the hon'ble Income-tax Appellate Tribunal was justified in not appreciating that the Commissioner of Income-tax was well within his right to withdraw the exemption on finding that the activities of the trust were not charitable even though the petition of the assessee could not be rejected keeping in view the guidelines as mentioned in paragraph 5 of Circular No. 7 of 2010 dated October 27, 2010 ?" |
3. The assessee was granted exemption under section 80G of the Act being the charitable trust. Such exemption was valid up to March 31, 2010. The assessee filed an application for renewal of exemption on December 27, 2010, which was withdrawn on February 4, 2011. It appears such request was withdrawn as by the Finance (No. 2) Act, 2009 and Circular No. 5 of 2010, it was made explicit that the existing exemptions granted under section 80G of the Act as on October 1, 2010, would continue till perpetuity. But still the Commissioner of Income-tax withdrew the exemption, vide order dated June 16, 2011. It is the said order which has since been set aside by the Tribunal.
4. We find that the order of the Tribunal setting aside the order of the Commissioner of Income-tax is based on sound reasoning. The assessee had valid exemption on October 1, 2010, when the provisions of section 80G of the Act were amended so as to dispense the periodic renewal of the exemptions. Such statutory provisions were clarified by Circular No. 5 of 2010 and Circular No. 7 of 2010 issued by the Central Board of Direct Taxes. Once the statute has given perpetuity to the exemptions granted under section 80G(5) of the Act, the same could not be withdrawn without issuing show-cause notice in terms of the statutory provisions in the manner prescribed by law.
5. In view of the said fact, we do not find that any substantial question of law arises for consideration.
6. Dismissed.
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