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ITAT allowed the trust's appeal against CIT(E)'s denial of...

Trust wins appeal after denial of section 80G approval for surplus accumulation and fee receipts

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Income Tax June 25, 2025 Case Laws AT
ITAT allowed the trust's appeal against CIT(E)'s denial of approval under section 80G(5)(iii). CIT(E) had rejected the application citing surplus accumulation in fixed deposits generating interest income and fee receipts not qualifying as donations under section 80G. The tribunal held that for granting section 80G approval, only subsection (5) requirements are relevant - the authority must verify genuineness of charitable activities and fulfillment of specified conditions. ITAT found CIT(E) failed to produce material evidence demonstrating the trust's activities were not genuine or that statutory conditions remained unfulfilled. The tribunal directed CIT(E) to grant section 80G approval to the trust as originally applied through Form 10AB.

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Acts Income Tax