Section 80G - Page 23

S. 80G 100% deduction for donation to National Children’s Fund

One hundred per cent deduction for donation to National Children’s Fund Under the existing provisions of section 80G an assessee is allowed a deduction from his total income in respect of donations made by him to certain funds and institutions. The deduction is allowed at the rate of fifty per cent of the amount of […]...

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S. 80G – HC grant Opportunity to Trust Negligent in Filing Requisite details due to employees’ laxity

Guru Gobind Singh Educational Society Vs Commissioner, Income-tax (Madhya Pradesh High Court)

For furnishing information required, the petitioner had sought 5 adjournments, as finds place in the impugned order but such information was not furnished. On 8.3.2001, again an adjournment was sought by the petitioner on the ground that the staff was busy in the examination work so time be allowed for furnishing the information. From the...

Income Tax deductions for A.Y. 2013-14 / FY 2012-13

DEDUCTION IN RESPECT OF LIFE INSURANCE PREMIA, DEFERRED ANNUITY, CONTRIBUTIONS TO PROVIDENT FUND, SUBSCRIPTION TO CERTAIN EQUITY SHARES OR DEBENTURES, ETC. [SEC. 80C, APPLICABLE FROM THE ASSESSMENT YEAR 2006-07] - SECTION 80C 1. Under section 80C, deduction would be available from gross total income. 2. Only an individual or a Hindu...

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A cheque, unless dishonoured, is payment & relates to dates of receipt -SC

Director of Income Tax Vs. Raunaq Education Foundation (Supreme Court of India)

In one view of the matter there was, in the circumstances of this case, an implied agreement under which the cheques were accepted unconditionally as payment and on another view, even if the cheques were taken conditionally, the cheques not having been dishonoured but having been cashed, the payment related back to the dates of the receip...

Commissioner cannot cancel exemption certificate granted u/s. 80G without Show Cause Notice

Commissioner of Income-tax Vs Rajasthan Jain Charitable Trust (Karnataka High Court)

A perusal of the impugned order passed by the Commissioner specifies that what was pending consideration before him was the application filed by the respondent for renewal of exemption certificate issued under section 80(G) of the Income Tax Act. The order passed by the Commissioner further specifies that a notice was issued to the respon...

Rejection of application u/s 80G(5) cannot be passed without giving the institution

Tri Netra Sewa Sanstha Vs DIT(E) (ITAT Delhi)

As per proviso attached to the sub-rule (5) of Rule 11AA of the Rules, it is a statutory requirement that no order of rejection of application u/s 80G(5) of the Act shall be passed without giving the institution, trust or fund an opportunity of being heard....

Expense on worship of Hindu Gods & Temple maintenance cannot be regarded to be for religious purpose

Shiv Mandir Devsttan Panch Committee Sanstan Nagpur Vs CIT-1 Nagpur (ITAT Nagpur)

It cannot be said that Hindu is a separate community or a separate religion. Technically Hindu is neither a religion nor a community. Therefore, expenses incurred for worshipping of Lord Shiva, , Hanuman, Goddess Durga and for maintenance of temple cannot be regarded to be for religious purpose. ...

Trust working for a particular community not eligible for approval under section 80G(5)

Ramanujam Spiritual Public Charitable Trust Vs Commissioner of Income-tax-I, Amritsar (ITAT Amritsar)

On the perusal of trust deed, it would be clear that trust was created wholly for a particular purpose and religious community i.e. Hindu and not for charitable purposes and thus, it contravenes the conditions laid down in section 80G(5) (iii) read with Explanation 3....

Holding conference at 5 star hotel cannot be grounds to deny registration u/s 12AA or 80G

Heart Care Management Vs Director of Income-tax (E) (ITAT Delhi)

The main issue raised by the DIT(E) is in respect of holding of conference of doctors at a five star hotel and the fact that the donors are pharmaceutical companies and some of them have deducted TDS. Adverse inference has also been drawn from extravagance of expenses the fact that the conference was of doctors and there is no benefit to ...

80G approval to be valid in perpetuity even if assessee files an application for renewal

Vishav Namdhari Sangat Vs CIT (ITAT Chandigarh)

Approval u/s. 80G once granted shall continue to be valid in perpetuity unless and until a show-cause notice is issued by the concerned CIT showing his intention to withdraw already granted such approval. ...

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