Under Section 80G of Income Tax Act, 1961 is meant for exemption / deduction all donations made to charitable institutions.

But, if any activity or objective of said charitable institution is related to religious activity, no exemption shall be granted u/s 80G.

In the present case (as reported in 2008 -TMI - 2467 - HIGH COURT, ANDHRA PRADESH), honorable high court of Andhra Pradesh has held that,

"If the exemption had been granted to the assessee for a long period of twenty years by mis-construing the law, that would not be a bar for the department to pass an order when an application for extension of grant of exemption was made before him."

Further, in the present case, while disallowing the exemption, DIT has made some disparaging comments against the institution and the founder justice of the Trust. The HC has disapproved his comments and directed the Central Board of Direct Taxes to initiate appropriate action against the concered DIT who passed, for making disparaging comments about the Trust and about Justice.  

 

Religious activity bar to 80G exemption affirmed; prior long grant does not preclude reassessment and supervisory action ordered by authority. A single reference to religious activity in a trust's objectives suffices to deny exemption under Section 80G; prior long-standing grants of exemption do not prevent authorities from refusing or withdrawing exemption when renewal is sought and statutory criteria are unmet. The ruling also reproves disparaging remarks by the assessing officer and directs supervisory authorities to consider appropriate action against that officer.