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INCOME TAX APPELLATE TRIBUNAL (AHMEDABAD BENCH)
SHRI SANJAY GARG, J, SHRI NARENDRA PRASAD SINHA, ACJ
Dharamdas Charitable Trust Ahmedabad – Appellant
Versus
CIT(Exemption) – Respondent
Headnote: Read headnote
(आदेश)/ORDER
Per Sanjay Garg, Judicial Member:
The present appeal has been filed by the assessee against the order of the Ld. Commissioner of Income Tax (Exemption), (hereinafter referred to as “CIT(E)”), Ahmedabad dated 22.11.2024, against the rejection of the assessee’s application seeking approval under Section 80G of the Income Tax Act, 1961 (hereinafter referred to as the “Act”).
2. The assessee is a charitable organisation registered u/s.12A of the Act. It applied for approval u/s.80G(5) of the Act. However, the same was rejected by the Ld. CIT(E) on the ground that one of the objects of the assessee trust was religious in nature. He referring to the relevant provisions of Section 80G (5) of the Act observed that though it was not the case of incurring of expenditure more than 5% of its total expenditure for religious purposes to attract the provision of sub-section (5B) to of the Act, however, as per the relevant provision, if any of the object o
Approval under Section 80G cannot be denied based solely on alleged religious objectives when primarily charitable in nature.
The CIT(E) must conduct a thorough analysis of the trust's activities and supporting documentation to determine eligibility for approval under section 80G, rather than relying solely on a literal rea....
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