2025 (10) TMI 1214 - AT - Income Tax

Appeal allowed; order denying section 80G deductions set aside and remitted for fresh quantification and hearing under s.80G(5B)

ITAT, Ahmedabad allowed the appeal for statistical purposes and set aside the CIT(Exemptions) order denying section 80G deductions. The tribunal found the ... Denial of deductions u/s 80G - trust’s main objectives were aimed at benefiting a specific community, namely the Vardhaman Samaj (42 Dasha Dhrumad Digambar Jain Samaj), and included provisions for religious advancement - religious and community-based focus - CIT(Exemptions) was of the view that these objects were both community-specific and composite in nature, meaning that these objects were a mix of charitable and religious purposes and such objects did not serve the public at large, which is a necessary condition under section 80G(5) - HELD THAT:-Assessee has placed on record audit reports in Form 10B for FYs 2022–23 and 2023–24, duly certified by a Chartered Accountant, which categorically state that no part of the expenditure was incurred for private religious purposes or for the benefit of any particular religious community or caste, as per clause (d) and (e) of para 30 of the said reports. Assessee has contended that any religious activity, if undertaken, is incidental and falls within the permissible limit of 5% as provided under section 80G(5B) - This aspect, which is a factual matter requiring computation of religious versus charitable expenditure, has not been properly examined or verified by the CIT(Exemptions) while passing the impugned order. We note that CIT(Exemptions) passed the rejection order without quantifying such expenditure or verifying whether the 5% threshold under section 80G(5B) of the Act has indeed been breached in the instant facts. Assessee did not get an opportunity to explain its position or to provide additional documentation in response to the final show cause notice. Matter requires a fresh examination, particularly to verify the nature and quantum of expenditure incurred on religious activities, if any, in the light of section 80G(5B) of the Act. The CIT(Exemptions) shall also consider the assessee’s compliance with other conditions under section 80G(5), including whether the trust’s activities are indeed directed at the general public and not confined to a specific religious community. Appeal filed by the assessee is allowed for statistical purposes. ISSUES PRESENTED AND CONSIDERED 1. Whether the trust's foundational objects and activities render it not 'established wholly for charitable purposes' within the meaning of section 80G(5) of the Income Tax Act because they benefit a particular religious community. 2. Whether incidental religious activities, if any, preclude approval under section 80G(5), or can be accommodated within the statutory limit under section 80G(5B) and Explanation 3 to section 80G. 3. Whether the assessing authority (CIT(Exemptions)) violated principles of natural justice by refusing further opportunity to the applicant before rejecting Form No.10AB application. 4. Whether the rejection order required fresh factual examination of the quantum/nature of expenditure on religious activities and compliance with other conditions of section 80G(5). ISSUE-WISE DETAILED ANALYSIS Issue 1 - Trust objects and benefit to a particular community: Legal framework Legal framework: Section 80G(5) requires the trust to be established wholly for charitable purposes and that activities benefit the public at large; Explanation 3 excludes religious or substantially religious purposes from 'charitable purpose.' Precedent treatment: The assessing authority relied on decisions holding that trusts with religious/community-specific objects cannot get 80G benefits. The Tribunal noted such precedents were relied upon by CIT(Exemptions) to support the proposition that religious objects in constitutive documents are disqualifying. Interpretation and reasoning: The Tribunal examined the founding documents as evaluated by CIT(Exemptions) and the audit certifications (Form 10B) which state no expenditure for private religious purposes or for benefit of any particular religious community or caste. The Tribunal observed that whether the trust benefits a specific community or the public at large is a factual determination requiring verification of activities vis-à-vis objects. Ratio vs. Obiter: It is ratio that a determination that a trust is not for public at large must be founded on verified material showing activities/benefits confined to a specific community; mere presence of cultural or community-referential language in objects is not conclusively determinative without factual verification. Conclusions: The matter requires de novo factual examination by CIT(Exemptions) to verify if activities in fact confine benefits to a particular community; the impugned rejection could not stand without such verification. Issue 2 - Incidental religious activities and application of section 80G(5B) and Explanation 3: Legal framework Legal framework: Explanation 3 to section 80G excludes religious or substantially religious purposes from charitable purposes; section 80G(5B) permits incidental religious expenditure up to a prescribed percentage (5%) for institutions otherwise charitable. Precedent treatment: CIT(Exemptions) relied on case law interpreting that trusts must be established solely for charitable purposes and religious objectives in founding documents cannot be justified by 80G(5B); the Tribunal acknowledged such precedents but emphasized factual inquiry into quantification of religious expenditure. Interpretation and reasoning: The Tribunal held that section 80G(5B) permits incidental religious expenditure but does not legalize religious objects in a trust's charter if such objects make charitable character doubtful. Nonetheless, where religious activity is incidental, factual computation (quantum of expenditure) is essential to determine compliance with the 5% threshold. The CIT(Exemptions) failed to quantify or verify whether the 5% limit was breached and therefore did not properly apply the statutory scheme. Ratio vs. Obiter: It is ratio that incidental religious activities may be permissible under section 80G(5B) but their permissibility is a factual question dependent on verification of actual expenditure; the statement that Explanation 3 does not 'completely prohibit any religious activity but rather limits its scope' functions as guiding ratio for re-examination. Conclusions: The Tribunal directed a fresh verification of the nature and quantum of expenditure on religious activities against the 5% benchmark in section 80G(5B) and to consider Explanation 3 in context; the initial rejection without such computation was unsustainable. Issue 3 - Principles of natural justice and opportunity to be heard: Legal framework Legal framework: Administrative action requiring adjudication must afford a reasonable opportunity to present explanations and supporting material before adverse orders are passed. Precedent treatment: The Tribunal reiterated established norms that final show-cause notices must be effective and an applicant must be given opportunity to respond to matters raised. Interpretation and reasoning: The record showed the applicant replied to initial notice but did not respond to the final show-cause notice. The Tribunal found that CIT(Exemptions) had expressly informed the applicant that the show-cause was the final opportunity yet passed the order without accord of further time to present clarifications or verify the audit submissions. Given the factual contentions (audit reports, Form 10B certifications), the Tribunal considered it incumbent on the CIT(Exemptions) to afford a reasonable opportunity for explanation and to verify factual claims before rejecting. Ratio vs. Obiter: It is ratio that the absence of adequate opportunity where material factual documents are on record, and where quantification/verification is necessary, vitiates the administrative order and warrants remand for fresh adjudication. Conclusions: The Tribunal held that principles of natural justice were not satisfactorily observed and directed re-adjudication after giving a reasonable opportunity to the applicant to present all relevant materials and explanations. Issue 4 - Need for fresh adjudication and scope of reconsideration: Legal framework Legal framework: Where factual and accounting verifications are material to statutory eligibility, the adjudicator must undertake quantification, examine audit reports and supporting documents, and pass a reasoned order. Precedent treatment: The Tribunal recognized precedents used by the CIT(Exemptions) but emphasized that adherence to precedent does not obviate requirement of fact-based verification; precedents may be applied or distinguished depending on facts. Interpretation and reasoning: The Tribunal found that CIT(Exemptions) treated the trust's objects as composite purely on a textual reading, without verifying actual expenditure and activities; CIT(Exemptions) also relied on Explanation 3 to exclude approval. The Tribunal concluded that the correctness of such application cannot be determined without re-examining (a) whether charitable activities in fact benefit public at large, (b) whether any religious expenditure exists and its quantum vis-à-vis the 5% limit, and (c) whether conditions of section 80G(5)(ii)/(iii) are complied with. Ratio vs. Obiter: It is ratio that administrative rejection must be supported by quantification and reasoned findings; where such analysis is absent, remand for denovo adjudication is appropriate. Observations on precedents are obiter to the extent they guide fact-specific reassessment. Conclusions: The Tribunal set aside the impugned order and remitted the matter to CIT(Exemptions) for fresh adjudication in accordance with law, directing re-examination of audit reports, factual records, computation of religious versus charitable expenditure under section 80G(5B), and compliance with section 80G(5) after affording reasonable opportunity to the applicant. Cross-references and final operative direction The Tribunal cross-referenced Issues 1-3: findings on objects (Issue 1) and on incidental religious expenditure (Issue 2) are interlinked and both require factual verification; denial of opportunity (Issue 3) tainted the original decision and necessitated remand (Issue 4). The Tribunal directed a reasoned, verification-based re-adjudication of the Form No.10AB application, considering the audit reports (Form 10B), statutory limits under section 80G(5B), and compliance with conditions of section 80G(5).