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2008 (11) TMI 348 - HC - Income TaxDeduction to Charitable Trust under section 80G(5B)– Special Deduction –The Petitioner-trust’s application for renewal of approval under section 80G was rejected by the Commissioner on the ground that the trust had not fulfilled the requisite conditions in terms of section 80G(5B). In this case Rajasthan High Court held that mere contribution for the purpose of construction of one room in a hostel managed by a particular community might not itself be treated to be an act violating the requirements of section 80G(5B). The other aspects particularly those relating to utilization of funds of the trust with reference to its aims and objects required consideration and the application for renewal of exemption could not be rejected with an abstract reference to the quantum of one particular donation in relation to a particular hostel, even if such a hostel was managed by a particular community. Thus, the order refusing renewal of exemption was liable to be set-aside and the matter remanded for reconsideration with reference to its trust deed.
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