COMMISSIONER OF INCOME TAX RAJKOT-III Vs. PUJYA SHRI JALARAMBAPA AND MATUSHRI VIRBAIMA CHARITABLE TRUST

JUDGEMENT

(1.) THIS is an appeal by the appellant -revenue, challenging the order of the ITAT, Rajkot (for short, 'the Tribunal), Dated : 30.05.2014, rendered in ITA No. 249/Rjt/2014, whereby, the Tribunal allowed the appeal filed by the Respondent -Trust.

(2.) THE brief facts of the case are that the Respondent -Trust, which came to be created in the year 2002, on 13.09.2013 made an application for recognition under Section 80G(5) of the Income Tax Act, 1961 ('the Act', for short), in the prescribed format before the appellant. A report from the field office was called by the appellant and later on the application of the Respondent -Trust came to be rejected on the ground that the Respondent -Trust had failed to spent 85 per cent of the amount for the A.Y.s 2010 -11, 2011 -12 and 2012 -13. Being dissatisfied with the same, the Respondent -Trust preferred an appeal before the CIT(A), which dismissed its appeal. Therefore, the Respondent -Trust carried the matter before the Tribunal, which passed the impugned order. Hence, the present appeal.

(3.) AT the outset, Mr. Desai, learned Advocate for the appellant, very fairly invited our attention to a decision of this Court rendered in Tax Appeal No. 306 of 2014 and the allied matters, wherein, this Court answered the very same issue in favour of the assessee and against the Revenue by observing as under in Para -7 thereof;