DIT (E) v. D. R. Ranka Charitable Trust (2022) 447 ITR 766 / 220 DTR 141 / 329 CTR 690/ 289 Taxman 617 (SC) Editorial: Decision of the Karnataka High Court affirmed D. R. Ranka Charitable Trust v. DIT(E). (ITA No. 180 of 2010 dt 20-11-2018)

S. 80G : Donation-Renewal of approval-Question whether or not the income had been applied for charitable purpose cannot be looked while granting the renewal-Renewal of approval of the assessee-trust under section 80G of the Income-tax Act, 1961 was correct. [S. 11, 12, 80G(5)(ii)]

Dismissing the appeal of the Revenue the Court held that only condition that requires to be fulfilled for the purposes of seeking renewal were as specified under section 80G(5)(ii) of the Income-tax Act, 1961 and the clauses narrated therein and that the questions whether or not renewal was justified, and whether or not the income of the assessee had been applied for charitable purposes were questions of fact to be gone into by the assessing authority at the time of assessing the income of the assessee and that the Tribunal was not right in law in holding that the assessee-trust was not eligible for renewal for approval under section 80G of the Act.  (AY.2009-10)