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2015 (11) TMI 1116 - ITAT CHENNAI

2015 (11) TMI 1116 - ITAT CHENNAI - [2015] 43 ITR (Trib) 332 (ITAT [Chen]) - Approval 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 .....

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he 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. - .....

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r section 80G of the Income-tax Act, 1961 (in short "the Act"). 2. There was a delay of 12 days in filing the appeal by the assessee. The assessee has filed a petition for condonation of delay. We have heard learned counsel and the learned Departmental representative. We find that there was sufficient cause for not filing the appeal before the stipulated time. Therefore, we condone the delay and admit the appeal of the assessee. 3. Sh. A. S. Sriraman, learned counsel for the assessee, .....

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0G(5)(i) of the Act, learned counsel pointed out that when an institution incurs expenditure which is of religious nature, for an amount not exceeding 5 per cent. of the total income, it shall be deemed to be an institution or fund for which the provisions of section 80G would apply. According to learned counsel, the Commissioner failed to consider these provisions of the Act. Learned counsel further submitted that the assessee-society never applied any money over and above 5 per cent. of the to .....

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