524. Fund/institution recognised under section 10(23C)(iv)/(v) – Whether recognition under section 80G is automatic

The Board had occasion to consider whether the recognition under section 80G of the Income-tax Act is automatic in the case of a fund or an institution notified by the Central Government under section 10(23C)(iv)/(v).  The Board is of the view that this is not so.  Recognition for purposes of section 80G is available when the fund or institution satisfies all the five conditions listed under section 80G(5).  There may be instances of funds or institutions notified under section 10(23C)(iv )/(v) not fulfilling some of the conditions of section 80G(5).  Explanation 3  to section 80G lays down that for the purpose of the section ‘charitable purpose’ does not include any purpose the whole or substantially the whole of which is of a religious nature, whereas such institution may be notified under section 10 (23C)(v).

Circular : No. 416 [F. No. 176/11/84-IT(A-I)], dated 11-4-1985

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