TaxTMI 
TaxTMI 
2024 (5) TMI 1095
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....d for the purpose of computation of aggregate of sum in respect on which deduction is to be allowed under section 80G. 2. Whether on the facts and in the circumstances of the case, the learned CIT (A) erred in allowing deduction under Section 80GCA without considering the fact that the said deduction was not claimed by the assessee in its return of income. Since, the claim not made in the return of income, claim of deduction under Section 80GCA of Rs.1,27,02,000/- is not allowable. 3. Whether on the facts and in the circumstances of the case, the learned CIT (A) has not given opportunity to assessing officer on the issue of additional ground taken by assessee with respect to disallowance of carry forward of excess expenditure incurred over income for adjustment in subsequent years and failed to adjudicate properly." 03. Brief facts of the case shows that assessee is a charitable trust and is registered with the Charity Commissioner of Mumbai. Assessee has earned interest income from interest on bonds, savings bank interest and interest on deposits. Assessee has already surrendered his registration under Section 12A of the Income-tax Act, 1961 (the Act) and is now assessable as....
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....ember, 2019, wherein he did not allow any deduction under Section 80GGA of the Act. However, he allow deduction under Section 80G of the Act of the amount of donation of Rs.1,42,33,000/- and restricted it determining the qualifying amount at the rate of 10% of gross total income of Rs.2,47,23,301/- at Rs.24,72,330/-. Thus, under Section 80G of the Act, he allowed the claim of donation of Rs.1,42,33,000/- to the extent of Rs.24,72,330/-. The total income was computed at Rs.2,22,50,971/-. 06. Aggrieved with the above assessment order assessee preferred an appeal before the learned Commissioner of Income-tax (Appeals). With respect to the deduction under Section 80GGA of the Act of Rs.1,27,02,000/-, the learned CIT (A) noted that the above amount was clubbed with deduction under Section 80G of the Act in the return of income as there is no separate provision for claiming deduction under Section 80GGA of the Act in ITR filed. He further noted that as the learned Assessing Officer has denied the claim by stating that though same has been claimed in the computation of income but no such claim is made in the return of income filed online. He further held that the assessee has claimed und....
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....not allowable. With respect to the ground no.3, assessee submitted that as assessee is not a charitable trust to which the Provisions of Section 11,12 and 13 applies and therefore, the direction of the learned CIT (A) with respect to the disallowance of carry forward of excess of expenditure incurred over income for an adjustment in subsequent year giving an opportunity to the Assessing Officer is not proper. 08. The learned Authorized Representative referred to the order of the learned CIT (A) and submitted that as assessee is not a trust registered under Section 12A of the Act no benefit under Section 11, 12 is allowable to the assessee and therefore, ground no. 3 of the appeal is anfractuous. With respect to the ground no's of the appeal, he submitted that monetary cap of 10% of gross total income is applicable only on the donations specified under Section 80G(4) of the Act. He submitted that the donation is given by the assessee to a trust which is approved as an university under Section 80G (2)(a)(iiif) of the Act as per notification dated 15th December, 1993, to the Tata Institute of Social Sciences. Therefore, the CAP of 10% does not apply. With respect to the ground no....
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....of total income file during the course of assessment proceedings, the assessee claimed deduction under Section 80GGA of the Act of Rs.1,27,02,000/- and also claimed deduction under Section 80G of the Act of Rs.1,42,33,000/-. The deduction under Section 80G of the Act was made by the assessee as it donated Rs.1,42,33,000/- to Tata Institute of Social Sciences, Deonar, Bombay which is approved university or educational Institution by prescribed authority as per notification dated 15th December, 1993. Therefore, the deduction under Section 80G of the Act was not restricted to 10% of the gross total income as deduction granted to the specified entities and therefore, 50% of the above amount was allowed. The learned CIT (A) has restored the matter back to the file of the learned Assessing Officer to grant deduction to the assessee under Section 80G of the Act to the entities registered under Section 80G(3)(a)(iiif) of the Act after verification. Thus, according to him on perusal of Section 80G(4) of the Act, it does not restrict the donation given to such entity by restricting it to the 10% of the total income. 010. Provision of section 80 G (4) are as under :- [(4) Where the aggregate....