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Income Tax : CBDT issued Notification No. 34/2023-Income Tax, dated May 30, 2023 & introduces amendments to rule 11AA of Income-tax Rules, ...
ITAT Mumbai held that eligible CSR donations qualify for Section 80G deduction if statutory conditions are met, despite disallowance under Section 37(1).
ITAT Surat held that existing charitable institutions obtaining provisional approval for the first time should not be denied regular approval merely because their activities commenced before the amended registration regime. The matters were remanded for fresh consideration.
Exercising powers under Section 119(2)(b), CBDT has condoned delays in Form 10AB filing for eligible cases. The Circular does not grant automatic approval under Section 80G.
ITAT condoned the filing delay and remanded the case to the CIT(E) to examine whether the trust satisfies all 80G requirements.
ITAT held Form 10AB was filed beyond the prescribed time but permitted the trust to seek CBDT condonation under Section 119(2)(b) before merits are examined.
ITAT held no TDS was required as the Revenue failed to prove the services made technical knowledge available under the India-US DTAA.
The ITAT Raipur held that an application for final approval under Section 80G cannot be rejected solely because it was filed belatedly. It remanded the matter after directing the CIT(Exemption) to examine the trust’s genuineness and statutory conditions on merits.
The Tribunal ruled that rejection of Section 12AB registration merely because no expenditure was reflected in the financial statements was unsustainable without examining the trust’s actual activities. Fresh adjudication was directed after proper verification.
The Tribunal ruled that although CSR expenditure is not allowable under Section 37, eligible donations made to recognised institutions can still qualify for deduction under Section 80G. The assessee’s claim was allowed for eligible donations.
The ITAT held that depreciation on goodwill arising from amalgamation could not be disallowed in subsequent years after it had been accepted in the initial assessment. The Tribunal also dismissed the Revenue’s appeal on CSR deduction under Section 80G.