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Income Tax - Highlights / Catch Notes

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Registration u/s 80G(5)(vi) - charitable activities and ...


Registration for tax deduction on donations for charitable activities - technicalities shouldn't override charitable purpose.

Case Laws     Income Tax

August 5, 2024

Registration u/s 80G(5)(vi) - charitable activities and utilization of funds - deduction from total income on donations to be made available to donors based on such registration - infirmity in submission of income-tax return and non-submission of Form-10B - donations utilized for construction of Public Library. Held that there was no specific finding that donations/funds received were utilized for profit, personal gains, or other purposes. Use of donations/funds by renowned Society/Trust already working for charitable purposes should not be discarded from seeking exemption merely on technicalities like non-production of receipts/entries. No specific finding that the Society failed to meet its aims and objects. Registration/exemption u/s 80G granted from time to time, except for the period in question. Society continuously enjoyed registration u/s 12AA and comes within the definition of charitable Society/Trust/Establishment under the Income-tax Act, 1961. Construction of Public Library would form part of charitable function. Orders of CIT quashed/set aside and directed to reconsider application and grant renewal of registration u/s 80G(5)(vi).

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