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Assistant Commissioner Of Income-Tax vs Upper Ganges Sugar And Industries Ltd. on 9 December, 1991

4. The respondent No. 1 after considering the evidence which was placed has noted the total expenditure for religious purposes. The Calcutta High Court in Upper Ganges Sugar Co. Ltd. (supra) was answering a reference in respect of an organization which was established to pursue charitable activities. The object of the Trust including the following object "to establish, maintain and/or to grant aid to public places of worship." The Court noted that the trustees had discretion to use the funds for any one or more or for all the purposes and in these circumstances, whether assessee was entitled to deduction of the amount of donations paid by them to the Vishwa Mangal Trust under Section 80-G of the I.T. Act? Under Section 80G(5) the donations are liable to exemption if the funds are not expressed to be for the benefit of any particular religious community or caste and that the funds and the income or assets are not used for any purposes other than charitable. Explanation 3 as it then stood was also considered which read that it does not include any purposes, wholly or substantially the whole of which is of a religious nature. On facts, the Court found that the income could be used in terms of trust deed for religious purpose and as such, would not be entitled to the benefit.
Income Tax Appellate Tribunal - Kolkata Cites 14 - Cited by 7 - Full Document
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