Goregoan Sports Club Vs. Income Tax (Exemption)
Parties Involved
Facts Summary
The assessee, Goregoan Sports Club, filed an application in Form-10AB before the Commissioner of Income Tax (Exemption) [CIT(E)] seeking renewal of approval under section 80G of the Income Tax Act, 1961. The CIT(E) rejected the application on the grounds that one of the objects in the trust deed/Memorandum of Association allowed for the application of funds outside India, which was alleged to be in violation of Section 11 of the Act. The assessee argued that no funds were actually applied abroad and had taken steps to amend the object clause. The assessee had been granted registration under section 12A of the Act and approval under section 80G of the Act up to certain assessment years.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the object clause permitting the application of funds outside India violates Section 11 of the Income Tax Act, 1961.
- 2. Whether the assessee's application for renewal of approval under section 80G was filed under the correct provision and within the required timeframe.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
2 precedents cited in this judgement.
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