Section 80G Rejection Set Aside – Absence of Irrevocability Clause Not a Valid Ground

Lila Hira Charitable Foundation Vs CIT (Exemptions) (ITAT Mumbai) Mumbai ITAT set aside rejection of 80G approval by CIT(E), holding that non-inclusion of an irrevocability/dissolution clause in trust deed cannot be a ground for denial. The Tribunal noted: CIT(E) rejected application citing: Absence of irrevocability/dissolution clause Alleged “specified violation” u/s 12AB(4) The issue is now squarely covered by Bombay High Court ruling in Chamber of Tax Consultants The High Court clarified: Charitable trusts are inherently irrevocable in law unless expressly stated otherwise Absenc...