2026 (4) TMI 174

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....me-tax Act, 1961 ("the Act"). 2. The assessee has raised the following grounds of appeal: 1. The CIT(Exemption) has erred in law and in facts by rejecting application filed in Form 10AB of the Act vide Acknowledgment No.6670981803010124 seeking approval under clause (iii) of first proviso to Section 80G(5) and thereby cancelling the provisional approval granted in Form AC valid from 11.03.2023 to AY 2025-26. 2. It is therefore, prayed that the order passed by CIT(Exemption) rejecting Application may pleas be set aside and final approval u/s.80G may be granted for the sake of justice and equity. 3. Your appellant craves reserves his right to add, amend, alter, and/or withdraw any ground of appeal at the time of ....

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....o make arrangement for Alayadu fund. (13) Serving or assisting Sadhus and Sandhvis and all such work. (17) To carry out all the necessary activities for the overall development of the temple, to build and run wadis, halls so as to be useful in the celebration and social functions of the society. (18) To organise get together for instilling spiritual knowledge without any kind of discrimination, celebrating religious events, organise Sneh Sammelan, Mass marriage, group Yagna, establishing Community Hall. (19) to organise Religious events like Bhagavat Saptah, Ramayan Katha, Mahabharata Katha, Sunderakand, Bhajans, Satsang programs, Dayaro and related dramas. (20) to establish Temples, Dharmashala,....

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.... was further submitted that the CIT(E) failed to properly consider the explanations and materials placed on record. 6. We have heard the rival submissions and perused the material available on record. In the present case, we observe that the learned CIT(Exemption) rejected the application solely on the ground that the objects of the Trust are religious in nature. However, the learned CIT(Exemption) has not recorded any specific finding as to whether the expenditure incurred by the assessee towards religious activities exceeds 5% of the total income, as contemplated under Section 80G(5B) of the Act. As per the statute, a trust is permitted to incur expenditure up to 5% of its total income for religious purposes. Therefore, the relevant as....