This case deals with the tax liability u/s 115BBC(1) for ...

Religious Trust Exempt from Tax on Anonymous Donations Received in "Hundi" u/s 115BBC(2)(b.

October 11, 2024

Case Laws     Income Tax     HC

This case deals with the tax liability u/s 115BBC(1) for anonymous donations received in the "Hundi" by a charitable and religious trust. The key points are: The assessee is a public trust constituted under the Bombay Public Trusts Act and the Sai Baba Trust Act, a special legislation. The issue was whether the assessee qualifies as a charitable and religious trust to be exempt from tax on anonymous donations u/s 115BBC(2)(b), despite being registered u/s 80G. The High Court held that Sections 80G and 115BBC(2)(b) operate independently. Registration under 80G does not preclude exemption under 115BBC(2)(b) for religious and charitable trusts. Based on the trust deed, objects, and the Sai Baba Trust Act, the assessee was rightly considered a religious and charitable trust entitled to exemption u/s 115BBC(2)(b) for anonymous donations. The High Court upheld the view of the lower authorities in favor of the assessee.

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