2025 (11) TMI 32 - AT - Income Tax

Trusts with both charitable and religious aims can get s.80G approval unless religious spending exceeds 5%, directs reconsideration

ITAT, Ahmedabad allowed the appeal for statistical purposes and remitted the matter to the file of the CIT(E) for limited reconsideration. The tribunal ... Application seeking approval u/s 80G(5) - religious v/s charitable purposes - assessee’s application was rejected noting that its objects were religious in nature and it had expended more than 5% on religious activities, which were a clear violation of both of the provisions of Section 80G(5) and 80G(5B) - CIT(E) had identified the objects of the assessee fund/institution being religious in nature HELD THAT:- We hold that for denying assessee’s approval u/s. 80G(5) of the Act for being religious in character, the mere existence of some objects being religious in nature is not crucial. A trust or a fund can be of a composite character having both charitable and religious purposes. It is only if the application of income of such fund or trust of religious purposes exceeds 5% of total income, that such trust or fund would be treated as religious in nature and not eligible to benefit u/s. 80G of the Act. In the facts of the present case, the Ld.CIT(E) has categorically noted that the objects of the trust are composite in character and at the same time, he has found the expenses incurred on religious activities by the trust to have exceeded 5% of its income. Assessee has, however, pointed out that by holding so the Ld. CIT(E) has not considered the explanation furnished by the assessee pointing out that the expenses identified by the Ld. CIT(E) as having been incurred for religious purposes were in fact charitable in character. Since, admittedly, the Ld. CIT(E) has not considered the explanation of the assessee pointing out that the inapplicability of Section 80G(5B) of the Act to the facts in the present case, we consider it fit to restore the issue back to the file of the Ld. CIT(E) for the limited purpose of examining and verifying the submissions made by the assessee in the light of the provisions of Section 80G(5B) of the Act and granting the assessee approval, if the expenses incurred by it are found to be not in excess of the limit specified u/s. 80G(5B) of the Act. - Appeal allowed for statistical purposes. ISSUES PRESENTED AND CONSIDERED 1. Whether the existence of one or more objects of a trust being religious in nature precludes the trust from being 'established for a charitable purpose' under Section 80G(5) of the Income Tax Act. 2. Whether an institution or fund carrying out some activities of a religious nature is excluded from Section 80G if expenditure for religious purposes exceeds five percent of total income under Section 80G(5B). 3. Whether the Commissioner of Income Tax (Exemption) was obliged to examine and verify the assessee's explanations and ledgers contesting characterization of certain expenditures as religious before rejecting approval under Section 80G(5). 4. Whether decision(s) of other Benches interpreting different sub-clauses of Section 80G(5) are applicable or distinguishable on the facts when assessing eligibility under Sections 80G(5) and 80G(5B). ISSUE-WISE DETAILED ANALYSIS - 1. Character of Trust: Religious Object(s) vs. Charitable Purpose Legal framework: Section 80G(5) requires the institution or fund to be 'established in India for a charitable purpose' and sub-clause (ii) prohibits application of income for any purpose other than a charitable purpose. Explanation 3 excludes purposes 'the whole or substantially the whole of which is of a religious nature.' Precedent treatment: The Tribunal referred to an earlier ITAT (Rajkot) decision holding that Explanation 3 contemplates that some part of activities may be religious while the trust may remain charitable so long as religious expenditure is not substantial. A contrary ITAT (Ahmedabad) decision addressing clause (iii) was analyzed and held distinguishable. Interpretation and reasoning: The Court reads sub-clause (ii) together with Explanation 3 to mean that a trust may be composite (both charitable and religious) and not automatically excluded from Section 80G simply because one object is religious. The decisive inquiry is whether the trust's activities or application of income is 'whole or substantially the whole' religious in character; presence of some religious objects alone is not determinative. Ratio vs. Obiter: Ratio - the mere existence of some religious objects in the trust deed does not ipso facto disqualify the trust from being 'established for a charitable purpose' under Section 80G(5); the material question is substantive application of income and predominance of religious purpose. Obiter - comments distinguishing other decisions on clause (iii) are explanatory but support the ratio. Conclusion: A composite trust with limited religious objects can be charitable for purposes of Section 80G(5) unless its activities/income application is predominantly religious. ISSUE-WISE DETAILED ANALYSIS - 2. Applicability and Effect of Section 80G(5B) (5% Threshold) Legal framework: Section 80G(5B) states that notwithstanding clause (ii) and Explanation 3, an institution incurring religious expenditure not exceeding five percent of its total income in a previous year shall be deemed to be an institution to which Section 80G applies. Precedent treatment: The Tribunal relied on the Rajkot Bench decision which interpreted Sub-section (5B) as overriding clause (ii) and Explanation 3 when the 5% threshold is observed. An Ahmedabad decision was distinguished on its focus on clause (iii) (benefit to a particular religious community/caste) rather than quantum of religious expenditure. Interpretation and reasoning: The Court holds Sub-section (5B) to be a statutory carve-out: if religious expenditure does not exceed 5% of total income, the trust shall not be treated as religious in character for Section 80G purposes. Thus, the statutory structure permits limited religious expenditure within otherwise charitable institutions without loss of 80G eligibility. Ratio vs. Obiter: Ratio - Section 80G(5B) operates to deem an institution charitable for Section 80G if the specified 5% ceiling on religious expenditure is not breached. Obiter - observations on the scope of other sub-clauses (e.g., clause (iii)) are contextual. Conclusion: The 5% threshold in Section 80G(5B) is determinative; an institution incurring religious expenditure within that limit is eligible for Section 80G despite some religious objects or activities. ISSUE-WISE DETAILED ANALYSIS - 3. Characterization of Expenditure: Religious vs. Charitable and Duty to Verify Legal framework: Eligibility under Sections 80G(5) and 80G(5B) turns on the nature and quantum of expenditure applied for religious purposes; assessing eligibility requires factual inquiry into the application of income and supporting records. Precedent treatment: The Court relied on the principle that the revenue must examine claimed explanations and supporting ledgers where the assessee disputes characterisation of expenditures identified as religious by the authority below. Interpretation and reasoning: The Commissioner rejected approval on the basis that religious expenditure exceeded the 5% limit. The assessee submitted detailed explanations and ledger entries asserting that items labeled as religious were in substance charitable (e.g., communal meals, social gatherings open to all). The Court found that the Commissioner did not adequately consider or verify those explanations and supporting accounts before denying approval. Ratio vs. Obiter: Ratio - tax authorities must examine and verify the assessee's factual explanations and documentary records when the characterization of expenditure is contested, particularly where Section 80G(5B) relief may apply. Obiter - the Court's recitation of the assessee's ledger breakdown aids factual context. Conclusion: Remand appropriate - the matter is to be restored to the Commissioner for limited-purpose factual examination and verification of the assessee's submissions and ledgers to determine whether religious expenditure exceeds the 5% threshold. ISSUE-WISE DETAILED ANALYSIS - 4. Applicability of Other Decisions and Distinguishing Precedents Legal framework: Precedents must be applied according to the specific sub-clauses and facts they address; different sub-clauses of Section 80G(5) address distinct disqualifying features (e.g., predominance of religious purpose vs. benefit to a particular religious community). Precedent treatment: The Court treated the Rajkot Bench decision as on-point for the 5% issue and distinguished an Ahmedabad decision which relied on clause (iii) (benefit to particular religious community/caste), holding the latter as addressing a different legal question. Interpretation and reasoning: The Court emphasized that clause (iii) concerns exclusivity of benefit to particular religious communities/castes, which is distinct from whether the trust's objects or expenditures are predominantly religious. Therefore, reliance on a decision dealing with clause (iii) to deny 80G on the basis of religious expenditure was misplaced. Ratio vs. Obiter: Ratio - decisions are distinguishable where they interpret different statutory sub-clauses or rest on materially different facts; such precedents cannot be mechanically applied. Obiter - commentary on the scope of clauses (ii) and (iii) explains distinction. Conclusion: Precedents that address clause (iii) are not determinative of questions governed by clause (ii) and Explanation 3/Section 80G(5B); distinguishable precedents should not be applied to override the 5% statutory deeming provision. FINAL CONCLUSION AND RELIEF DIRECTED The Court concludes that: (a) presence of some religious objects does not per se disqualify a trust under Section 80G(5); (b) Section 80G(5B) deems a trust charitable for Section 80G where religious expenditure does not exceed 5% of total income; (c) the Commissioner failed to adequately consider and verify the assessee's explanations and supporting ledgers contesting characterization of certain expenditures as religious. The matter is remitted to the Commissioner for limited-purpose examination and verification of the assessee's submissions; if religious expenditure is found within the 5% limit, approval under Section 80G(5) is to be granted.