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2007 (12) TMI 200

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..... ounsel for the parties. 2. The petitioner has challenged the order dated 25.9.1998 passed by the Commissioner, Income Tax, Udaipur (Annex.-9) whereby the application of the petitioner-trust for renewal of exemption under Section 80G was refused inter alia on the ground that in one of the object of the Trust Deed the construction of temples etc. was included though notwithstanding such inclusion i .....

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..... 80G by the Finance Act, 1999 w.e.f. 1.4.2000 which was in consonance with the submissions made by the learned counsel for the petitioner which inter alia provided an over-ridding provision that where an institution or fund which incurs expenditure in the relevant year which is of religious nature for an amount not exceeding 5% of its total income in that previous year then for that previous year, .....

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..... enewal of its registration with effect from the insertion of sub-section (5B) uninfluenced by the impugned order of rejecting the renewal for assessment year 1995-2000. In other words, the petitioner's application for renewal w.e.f. 1.4.2000 should be considered keeping in view of sub-section (5B) of Section 80G. 6. These submissions appear to be justified in the light of the aforesaid provision. .....

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