Dinesh Mehta, J. - (1.) The appellant - Commissioner, Income Tax has preferred the present appeal under section 260A of the Income Tax Act, 1961 (hereinafter referred to as "the Act of 1961") questioning the legality of the order dated 20.02.2018 passed by Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur (hereinafter referred to as "the Tribunal") contending that it involves following substantial question of law to be adjudicated by this Court :- "Whether on the facts and in circumstances of the case and in law, the ld. ITAT is justified in allowing approval under section 80G(5) notwithstanding that the applicant has not commenced any charitable activity as per its objects in last three years?"
(2.) The factual matrix within the precincts of proposed question of law unfolds as under :- The respondent assessee is a trust, which applied for requisite approval under Section 80G(5)(vi) of the Act of 1961 on 30.03.2017. Respondent's application came to be rejected by the competent authority, namely Commissioner of Income Tax (Exemption), vide its order dated 21.08.2017. While declining respondent's request for grant of approval, the Commissioner observed that though the assessee Trust had come into being on 16.03.2010, but it has not carried out any significant charitable activities, hence grant of exemption at that stage was not in the fitness of things.
(3.) The respondent Trust challenged the aforesaid order of the Commissioner (Exemption) by way of filing an appeal before the Tribunal.;