Charitable trust wins 80G deduction without 10% income cap on university donations worth Rs.1.42 crore

The ITAT Mumbai ruled in favor of a charitable trust (now assessed as AOP after surrendering 12A registration) regarding deduction claims. The tribunal confirmed that donations under Section 80G(2)(iiif) to approved educational institutions are not subject to the 10% gross total income restriction under Section 80G(4), allowing 50% deduction on Rs.1,42,33,000 donated to an approved university. The tribunal also upheld the CIT(A)'s direction to verify and grant Section 80GGA deduction despite being clubbed with 80G in the return, finding the claim was properly made. The carry forward of excess expenditure ground was dismissed as infructuous since no Section 11-12 benefits were claimed.

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Issues Involved:
1. Deduction u/s 80G exceeding 10% of gross total income.
2. Deduction u/s 80GGA not claimed in the return of income.
3. Disallowance of carry forward of excess expenditure.

Summary:

Issue 1: Deduction u/s 80G exceeding 10% of gross total income
The learned Assessing Officer (AO) restricted the deduction u/s 80G to 10% of the gross total income, disallowing the excess claimed by the assessee. The assessee argued that the donation to Tata Institute of Social Sciences, approved u/s 80G(2)(iiif), is not subject to the 10% cap. The learned CIT (A) agreed, stating that donations to entities approved u/s 80G(2)(iiif) are not restricted by the 10% limit u/s 80G(4). The Tribunal confirmed the CIT (A)'s order, dismissing the AO's appeal on this ground.

Issue 2: Deduction u/s 80GGA not claimed in the return of income
The AO disallowed the deduction u/s 80GGA of Rs. 1,27,02,000/- as it was not claimed in the return of income but was shown in the computation of total income. The CIT (A) directed the AO to verify and allow the deduction if the conditions are met, citing CBDT Circular No. 14 and the decision in CIT v. Ramco International. The Tribunal upheld the CIT (A)'s order, noting that the assessee had indeed claimed the deduction in the return, albeit clubbed with u/s 80G, and directed the AO to verify and allow the deduction if applicable.

Issue 3: Disallowance of carry forward of excess expenditure
The AO's appeal on the disallowance of carry forward of excess expenditure was deemed infructuous as the assessee, being an Association of Person (AOP) and not a charitable trust registered u/s 12A, is not entitled to benefits u/s 11 and 12. The Tribunal dismissed this ground of appeal.

Conclusion:
The Tribunal dismissed the appeal of the learned AO, confirming the CIT (A)'s order on all grounds. The order was pronounced in the open court on 21.05.2024.

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