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TMI Blog2024 (5) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... he entities registered u/s 80G(3)(a)(iiif) of the Act after verification. Thus, according to him on perusal of Section 80G(4) of the Act, it does not restrict the donation given to such entity by restricting it to the 10% of the total income. Provision of section 80 G (4) are as under :- [(4) Where the aggregate of the sums referred to in sub-clauses (iv), (v), (vi) [, (via)] and (vii) of clause (a) and in 2[clauses (b) and (c)] of sub-section (2) exceeds ten per cent of the gross total income (as reduced by any portion thereof on which income-tax is not payable under any provision of this Act and by any amount in respect of which the assessee is entitled to a deduction under any other provision of this Chapter), then the amount in excess of ten per cent of the gross total income shall be ignored for the purpose of computing the aggregate of the sums in respect of which deduction is to be allowed under sub-section (1)]. Indeed donation u/s 80 G (2) (iiif) is not mentioned u/s 80 G (4) of the Act. Thus, ld CIT (A) is correct and hence we confirm his order. Accordingly, we do not find any merit in ground no.1 of the appeal, hence, dismissed. Deduction u/s 80GGA - claim not made in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not claimed by the assessee in its return of income. Since, the claim not made in the return of income, claim of deduction under Section 80GCA of ₹1,27,02,000/- is not allowable. 3. Whether on the facts and in the circumstances of the case, the learned CIT (A) has not given opportunity to assessing officer on the issue of additional ground taken by assessee with respect to disallowance of carry forward of excess expenditure incurred over income for adjustment in subsequent years and failed to adjudicate properly." 03. Brief facts of the case shows that assessee is a charitable trust and is registered with the Charity Commissioner of Mumbai. Assessee has earned interest income from interest on bonds, savings bank interest and interest on deposits. Assessee has already surrendered his registration under Section 12A of the Income-tax Act, 1961 (the Act) and is now assessable as an Association of Person (AOP). Assessee filed its Return of Income [ ROI] at total income of Rs Nil. Wherein it has claimed deduction under Section 80G of Rs 1,42,33,000/- and Section 80GGA of the Act of Rs 12702000/- . Assessee has claimed deduction under CH VIA ₹269,35,000/- [ disclosed again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹2,47,23,301/- at ₹24,72,330/-. Thus, under Section 80G of the Act, he allowed the claim of donation of ₹1,42,33,000/- to the extent of ₹24,72,330/-. The total income was computed at ₹2,22,50,971/-. 06. Aggrieved with the above assessment order assessee preferred an appeal before the learned Commissioner of Income-tax (Appeals). With respect to the deduction under Section 80GGA of the Act of ₹1,27,02,000/-, the learned CIT (A) noted that the above amount was clubbed with deduction under Section 80G of the Act in the return of income as there is no separate provision for claiming deduction under Section 80GGA of the Act in ITR filed. He further noted that as the learned Assessing Officer has denied the claim by stating that though same has been claimed in the computation of income but no such claim is made in the return of income filed online. He further held that the assessee has claimed under Section 80GGA of the Act by clubbing it with its claim for deduction under Section 80G of the Act as no separate of functionality was there for claiming the deduction under Section 80GGA of the Act, assessee has submitted the requisite documents in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of carry forward of excess of expenditure incurred over income for an adjustment in subsequent year giving an opportunity to the Assessing Officer is not proper. 08. The learned Authorized Representative referred to the order of the learned CIT (A) and submitted that as assessee is not a trust registered under Section 12A of the Act no benefit under Section 11, 12 is allowable to the assessee and therefore, ground no. 3 of the appeal is anfractuous. With respect to the ground no's of the appeal, he submitted that monetary cap of 10% of gross total income is applicable only on the donations specified under Section 80G(4) of the Act. He submitted that the donation is given by the assessee to a trust which is approved as an university under Section 80G (2)(a)(iiif) of the Act as per notification dated 15th December, 1993, to the Tata Institute of Social Sciences. Therefore, the CAP of 10% does not apply. With respect to the ground no's of the appeal, he submitted that assessee has claimed deduction under Section 80GGA of the Act of ₹1,27,02,000/- in the computation of total income. As at that time, there was no functionality available in ITR filed by the assessee to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,42,33,000/-. The deduction under Section 80G of the Act was made by the assessee as it donated ₹1,42,33,000/- to Tata Institute of Social Sciences, Deonar, Bombay which is approved university or educational Institution by prescribed authority as per notification dated 15th December, 1993. Therefore, the deduction under Section 80G of the Act was not restricted to 10% of the gross total income as deduction granted to the specified entities and therefore, 50% of the above amount was allowed. The learned CIT (A) has restored the matter back to the file of the learned Assessing Officer to grant deduction to the assessee under Section 80G of the Act to the entities registered under Section 80G(3)(a)(iiif) of the Act after verification. Thus, according to him on perusal of Section 80G(4) of the Act, it does not restrict the donation given to such entity by restricting it to the 10% of the total income. 010. Provision of section 80 G (4) are as under :- [(4) Where the aggregate of the sums referred to in sub-clauses (iv), (v), (vi) 1[, (via)] and (vii) of clause (a) and in 2[clauses (b) and (c)] of sub-section (2) exceeds ten per cent of the gross total income (as reduced by any p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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