ARYAGRAM VIRASAT FOUNDATION,AHMEDABAD vs. THE CIT(EXEMPTION), AHMEDABAD

ITA 1103/AHD/2024Status: DisposedITAT Ahmedabad25 October 2024Bench: MRS. ANNAPURNA GUPTA (Accountant Member), SHRI T.R. SENTHIL KUMAR (Judicial Member)18 pages
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What did the Tribunal hold?

The Tribunal held that the CIT(Exemption)'s order denying approval was unsustainable in law. The Tribunal found that the objects of the trust, particularly those referring to 'Ancient Indian Shastras and Scriptures' and 'Upashrays', were not religious in nature and were for the benefit of the public at large.

What were the facts?

The assessee, Aryagram Virasat Foundation, applied for final approval under Section 80G(5) of the Income-tax Act after having received provisional approval. The CIT(Exemption) rejected the application, deeming the trust's objects to be religious in nature.

What were the issues?

Whether the objects of the trust, which included references to 'Ancient Indian Shastras and Scriptures' and 'Upashrays', were religious in nature, thereby disqualifying it for approval under Section 80G(5).

Which sections of the Income-tax Act were involved?

Section 80G(5)

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Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: MRS. ANNAPURNA GUPTA & SHRI T.R. SENTHIL KUMAR

For Appellant: Shri Devan Kapadia, AR
Hearing: 21.10.2024Pronounced: 25.10.2024

PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER:

Present appeal has been filed by the assessee against the order of the learned Commissioner of Income-tax (Exemption), Ahmedabad [hereinafter referred to as "CIT(Exemption)" for short] dated 28.03.2024 denying the assessee grant of approval under Section 80G(5) of the Income-tax Act, 1961 [hereinafter referred to as "the Act" for short].

2.

The grounds raised are as under:- “1. The CIT (Exemption), Ahmedabad has erred in rejecting the appellant's application filed for approva

The order continues below.

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