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In the case before ITAT Mumbai, the issue revolved around the ...


Tribunal Upholds 50% Deduction for Donations Exceeding 10% Income; Section 80GGA Valid Despite Omission.

May 23, 2024

Case Laws     Income Tax     AT

In the case before ITAT Mumbai, the issue revolved around the deduction u/s 80G for a charitable trust. The assessee, now assessable as an AOP, had donated an amount exceeding 10% of its gross total income to an approved educational institution. The CIT(A) held that Section 80G(4) does not restrict donations to 10% of total income, allowing 50% deduction. The matter was remanded to verify deductions for entities u/s 80G(3)(a)(iiif). The Tribunal upheld this decision, dismissing the appeal. Additionally, the claim for deduction u/s 80GGA, though not separately mentioned in the return, was considered valid as it was included under Chapter VIA. Lastly, disallowance of carry forward of excess expenditure was deemed irrelevant as the assessee did not claim benefits u/s 11 and 12.

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