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2015 (11) TMI 1116 - AT - Income TaxApproval under section 80G denied - whether the presence of even one religious object in the deed would disentitle the assessee for approval under section 80G of the Act? - Held that:- When the expenditure does not exceed 5 per cent. of the total income for the previous year, then such a society/institution shall be deemed to be an institution to which the provisions of section 80G would apply. The Commissioner has not examined the expenditure incurred by the assessee in the previous year. Even though the assessee claims that no expenditure was incurred exceeding 5 per cent. of the total income, the Commissioner has not examined the same. Therefore, this Tribunal is of the considered opinion that the Commissioner has to re-examine the matter afresh. Accordingly, we set aside the order of the Commissioner and the entire issue is remitted to his file. The Commissioner shall re-examine the issue in the light of the provisions of section 80G(5B) and thereafter decide the same in accordance with law, after giving reasonable opportunity to the assessee. It is made clear that in case the Commissioner decides to grant approval under section 80G of the Act and the expenditure incurred by the assessee exceeded 5 per cent. of the total income in any of the previous year, then the Commissioner is at liberty to withdraw the approval for the year in which the expenditure exceeded 5 per cent. of the total income. - Decided in favour of assessee for statistical purposes.
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