Thursday, November 20, 2014

Only object of trust is required to be examined and, therefore, assessee's application seeking approval under section 80G(5)

IT : At time of granting approval of exemption under section 80G, only object of trust is required to be examined and, therefore, assessee's application seeking approval under section 80G(5) could not be rejected on ground that it failed to incur expenditure to extent of 85 per cent of its income during relevant year
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[2014] 49 taxmann.com 171 (Gujarat)
HIGH COURT OF GUJARAT
Commissioner of Income-tax
v.
Shree Govindbhai Jethalal Nathavani Charitable/Trust*
M.R. Shah AND K.J. THAKER, JJ.
Tax Appeal Nos. 306,409 & 416 of 2014†
AUGUST  6, 2014
Section 80G of the Income-tax Act, 1961 - Deductions - Donations to certain funds, charitable institutions (Approval of exemption) - Assessment year 2012-13 - Whether at time of granting approval of exemption under section 80G, only object of trust is required to be examined and, therefore, assessee's application seeking approval under section 80G(5) could not be rejected on ground that it failed to incur expenditure to extent of 85 per cent of its income during relevant year - Held, yes [Para 8] [In favour of assessee] 

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