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ITAT allowed the appeal, set aside the CIT (Exemptions) order rejecting registration under s.80G(5), and remitted the matter for fresh adjudication. The tribunal held that denial premised solely on religious-language in the trust deed, absent any verification, was unsustainable; the CIT (Exemptions) must examine and record whether expenditure on religious purposes exceeds the five percent threshold under s.80G(5B). The file is restored to the CIT (Exemptions) with directions to verify relevant accounts, afford the assessee an opportunity of hearing, determine applicability of s.80G(5B), and thereafter decide the s.80G(5) approval application on merits. Appeal allowed for statistical purposes.
ITAT allowed the appeal, set aside the CIT (Exemptions) order rejecting registration under s.80G(5), and remitted the matter for fresh adjudication. The tribunal held that denial premised solely on religious-language in the trust deed, absent any verification, was unsustainable; the CIT (Exemptions) must examine and record whether expenditure on religious purposes exceeds the five percent threshold under s.80G(5B). The file is restored to the CIT (Exemptions) with directions to verify relevant accounts, afford the assessee an opportunity of hearing, determine applicability of s.80G(5B), and thereafter decide the s.80G(5) approval application on merits. Appeal allowed for statistical purposes.
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