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.
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)]
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