Shri Navsari Modh Vanik Panch v. CIT (E) (2025) 234 TTJ 328/ 175 taxmann.com 822 (Surat) (Trib)

S. 80G: Donation-Rejection of application was set aside-Matter was remanded to the file of CIT(E) to examine the accounts of three preceding years-In case there are no expenses exceeding 5 per cent on religious activities, approval under s. 80G(5) is allowable to the assessee if the assessee fulfils all other conditions. [S.11AA(2)(g), 12A, 12AB, 80G(5)]

CIT(E)  rejected the assessee’s application for regular approval under S. 80G(5) by holding that it is not purely a charitable trust without recording any finding that there is a violation of. R. 11AA(2)(g). Tribunal restored back to the CIT(E) to examine the accounts of three preceding years; in case there are no expenses exceeding 5 per cent on religious activities, approval under s. 80G(5) is allowable to the assessee if the assessee fulfils all other conditions.

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