Commissioner has rejected the application for grant of approval under section 80G(5) of the Act. On appeal the Tribunal held that Section 2(15) allows trust to carry on trade, commerce, or business in the course of achieving the object of a general public utility provided the receipts do not exceed 20 percent of total receipts in the previous year. Accordingly the PCIT is directed to adjudicate matter as per the provisions of the Act .(AY 2017-18)
Alnoor Charitable Educational Trust v. CIT (E) [2023] 202 ITD 375 (Amritsar) (Trib.)
S. 80G : Donation-Rejection of application-object of a general public utility-Section 2(15) allows trust to carry on trade, commerce, or business in the course of achieving the object of a general public utility provided the receipts do not exceed 20 percent of total receipts in the previous year-PCIT is directed to adjudicate matter as per the provisions of the Act .[S. 2(15), 11, 80G(5)]