Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2001 (8) TMI HC This
Issues involved: Challenge to rejection of recognition under s. 80G of the IT Act, 1961 for charitable schemes by the CIT.
Summary: The petitioner, a charitable institution, sought recognition under s. 80G of the Act for three schemes, which was rejected by the CIT. The CIT's order stated that recognition cannot be granted when a trust is involved in religious activities alongside charitable purposes. The High Court emphasized that the CIT, acting as a quasijudicial authority, must provide valid reasons for his decisions under s. 80G. The Act specifies conditions for recognition, including that the institution's activities must be exclusively charitable and not primarily religious. The Court found that the CIT did not adequately consider the petitioner's application and ordered a fresh review, directing the CIT to provide a reasoned decision within three months, allowing the petitioner to submit additional supporting material if desired. The Court set aside the CIT's original order and remitted the proceedings for reconsideration.
|