Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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ITAT allowed the appeal in part and remitted the matter to CIT(E) for limited inquiry. The Tribunal held that a trust/fund may be of composite charitable and religious character and is disqualified under s.80G(5) only if application of income to religious purposes exceeds the 5% threshold in s.80G(5B). Noting CIT(E) had found religious expenditure over 5% but had not considered the applicant's explanations that those outlays were charitable, the ITAT directed cit(E) to examine and verify the applicant's submissions against s.80G(5B) and, if the religious expenditure does not exceed the statutory limit, to grant approval under s.80G. Appeal allowed for statistical purposes.
ITAT allowed the appeal in part and remitted the matter to CIT(E) for limited inquiry. The Tribunal held that a trust/fund may be of composite charitable and religious character and is disqualified under s.80G(5) only if application of income to religious purposes exceeds the 5% threshold in s.80G(5B). Noting CIT(E) had found religious expenditure over 5% but had not considered the applicant's explanations that those outlays were charitable, the ITAT directed cit(E) to examine and verify the applicant's submissions against s.80G(5B) and, if the religious expenditure does not exceed the statutory limit, to grant approval under s.80G. Appeal allowed for statistical purposes.
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