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TMI Blog2015 (11) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. ORDER The order of the Bench was delivered by 1. N. R. S. Ganesan (Judicial Member).-This appeal of the assessee is directed against the order of the Commissioner of Income-tax-I, Madurai, dated September 23, 2014, rejecting approval under section 80G of the Income-tax Act, 1961 (in short "the Act"). 2. There was a delay of 12 days in filing the appeal by the assessee. The assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 80G of the Act. Referring to section 80G(5)(i) of the Act, learned counsel pointed out that when an institution incurs expenditure which is of religious nature, for an amount not exceeding 5 per cent. of the total income, it shall be deemed to be an institution or fund for which the provisions of section 80G would apply. According to learned counsel, the Commissioner failed to consider these pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lows: "80G(5B). Notwithstanding anything contained in clause (ii) of sub-section (5) and Explanation 3, an institution or fund which incurs expenditure, during any previous year, which is of a religious nature for an amount not exceeding five per cent. of its total income in that previous year shall be deemed to be an institution or fund to which the provisions of this section apply." 6. In view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0G(5B) and thereafter decide the same in accordance with law, after giving reasonable opportunity to the assessee. It is made clear that in case the Commissioner decides to grant approval under section 80G of the Act and the expenditure incurred by the assessee exceeded 5 per cent. of the total income in any of the previous year, then the Commissioner is at liberty to withdraw the approval for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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