In the case before ITAT Mumbai, the issue revolved around the ...
ITAT Mumbai allowed 50% deduction u/s 80G for donation exceeding 10% of income to approved educational institution.
Case Laws Income Tax
May 23, 2024
In the case before ITAT Mumbai, the issue revolved around the deduction u/s 80G for a charitable trust. The assessee, now assessable as an AOP, had donated an amount exceeding 10% of its gross total income to an approved educational institution. The CIT(A) held that Section 80G(4) does not restrict donations to 10% of total income, allowing 50% deduction. The matter was remanded to verify deductions for entities u/s 80G(3)(a)(iiif). The Tribunal upheld this decision, dismissing the appeal. Additionally, the claim for deduction u/s 80GGA, though not separately mentioned in the return, was considered valid as it was included under Chapter VIA. Lastly, disallowance of carry forward of excess expenditure was deemed irrelevant as the assessee did not claim benefits u/s 11 and 12.
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