TMI Blog2011 (1) TMI 1394X X X X Extracts X X X X X X X X Extracts X X X X ..... Misc. Civil Appeal No. 375 of 2011 for early hearing is allowed. This appeal is by the Revenue, challenging the order passed by the Tribunal, holding that as the total amount of expenditure incurred by the trust towards religious activities is less than 5 per cent of the total income, they are entitled to renewal of registration of the trust under s. 80G of the IT Act. 2. The respondent/asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re account and the relevant Schedules and found that the total income of the assessee as on 31st March, 2007 was ₹ 8,10,01,223 out of which they have spent ₹ 30,29,282 towards religious expenditure which is around 3.73 per cent of the total income. Further it held that the total income as on 31st March, 2008 is ₹ 8,59,48,956 whereas religious expenditure of ₹ 18,81,016 whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... truth or the assertion made by the assessee. 4. Per contra, the learned counsel appearing for the assessee submitted that the said plea was raised before the CIT. The CIT did not apply his mind to the said plea. Therefore the appellate authority was fully justified in looking into the said plea, the assessee made available all the relevant records, the appellate authority has recorded a findin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on religious activities. A detailed reply setting out their stand is filed and it is on record. In para 2 of the said statement of objections, the assessee has categorically stated that the expenditure incurred for religious activity is less than 5 per cent of the total income and therefore entitled to benefit of s. 80G. Unfortunately the CIT has not adverted to the statement of objection except t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant Schedules, came to the conclusion that the expenditure incurred by the assessee towards religious activities for two years is less than 5 per cent. The balance sheet or income and expenditure account of the Schedules is not in dispute. It is under those circumstances the appellate authority has applied its mind, looked into aforesaid undisputed records and has recorded a finding of fact. W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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