CBDT allows deduction under section 80G for donation to Maa Umiya Temple managed by Vishv Umiya Foundation: CBDT has issued a Notification No. 36/2021 dated 23.04.2021 to notify Maa Umiya Temple managed by Vishv Umiya Foundation as a place of artistic importance and a place of public worship of renown throughout the state of Gujarat State for the purposes of section 80G(2)(b) from the Financial Year 2021-2022. The Permanent Account Number (PAN) of Maa Umiya Temple managed by Vishv Umiya Foundation is AACTV3807E.
Section 80G allows a deduction for donation made to certain funds and charitable institutions from the gross total income before arriving at the total income of an assessee.
Since Maa Umiya Temple managed by Vishv Umiya Foundation is notified under section 80G(2)(b), the deduction shall be limited to 10 per cent of the adjusted gross total income of the assessee. The deduction shall be 50 per cent of the amount of donation to Maa Umiya Temple managed by Vishv Umiya Foundation, subject to 10 per cent of the adjusted gross total income of the assessee. The limit of deduction amount is, however, subject to gross total income. In other words, the deduction under section 80G cannot exceed the gross total income of the assessee.
What is Adjusted Gross Total Income? How to Compute Adjusted Gross Total Income for computing deduction under section 80G?
The Act does not use the term ‘Adjusted Gross Total Income’. This term is used by the author to clarify the concept aptly. Actually, it is nothing but the Gross Total Income computed for all the heads of income and as reduced by the followings-
(i) Any Long term capital gains, if any, included in the Gross Total Income,
(ii) Short Term Capital Gains chargeable u/s 111A, if any, if any, included in the Gross Total Income
(iii) All exempt income (From FY 2020-21, dividend income has been made taxable subsequent to the abolishment of Dividend Distribution Tax or DDT u/s 115-O)
(iv) All permissible deduction under section 80CCC to 80U except deduction under this section 80G
(iv) Income referred to in sections 115A, 115AB, 115AC or 115 AD (related to non-residents/foreign company)
Read more on Income Tax Deductions here.
In other words, the Adjusted Gross Total Income is computed as below-
Illustration 1: Mr. Rakesh is a salaried individual. During FY 2021-22, his income from the salary is Rs. 4,00,000. His interest income from bank fixed deposits for the year is Rs. 5,000. He is eligible for deduction u/s 80C for Rs. 1,50,000. He has donated Rs. 10,000 to Maa Umiya Temple managed by Vishv Umiya Foundation.
Compute the amount of deduction under section 80G and the Total Income.
Working Note 1:
With the introduction of the new tax regime under the provisions of section 115BAC, no deduction including a deduction under section 80G can be claimed. Hence, if an individual opts for the new tax regime, no deduction for donation under section 80G can be claimed. However, this provision was applicable from the financial year 2020-21 (AY 2021-22). The deduction under section 80G for donation to Maa Umiya Temple managed by Vishv Umiya Foundation shall be available only if the assessee opts for the old tax regime.
Similarly, a domestic company which opted to pay concessional rate of tax under section 115BAA and section 115BAB is allowed to claim deduction under section 80G by the Finance Act, 2020. This was applicable for FY 2019-20 (or AY 2020-21). Form AY 2021-22, such a company cannot claim deduction under section 80G as per amendment by Finance Act, 2020.
It should be kept in mind that there is an amendment brought in by the Finance Act, 2020 which provides for allowability of deduction u/s 80G based on the online amount of donation in Form 26AS which will be furnished by the Trust to the income tax department.
Read the full text of Notification No. 36/2021 dated 23.04.2021
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 23rd April, 2021
INCOME-TAX
S.O. 1698(E).—In the exercise of the powers conferred by clause (b) of sub-section (2) of section 80G of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies “Maa Umiya Temple managed by Vishv Umiya Foundation at Jaspur, Ahmedabad (PAN: AACTV3807E)” to be place of artistic importance and a place of public worship of renown throughout the state of Gujarat State for the purposes of the said section from the Financial Year 2021-2022 relevant to the Assessment Year 2022-2023.
[Notification No. 36 /2021/F. No. 176/1/2021/ITA-I]
RAVINDER MAINI, Director
Download Copy of Notification No. 36/2021 dated 23.04.2021 in pdf format.
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