India - Income Tax Act 2010 - Saarc

1.411 CH. VI-A - DEDUCTIONS IN RESPECT OF CERTAIN PAYMENTS S. 80GExplanation 1.—An institution or fund established for the benefit of ScheduledCastes, backward classes, Scheduled Tribes or of women and children shall notbe deemed to be an institution or fund expressed to be for the benefit of areligious community or caste within the meaning of clause (iii) of sub-section (5).74[Explanation 2.—For the removal of doubts, it is hereby declared that adeduction to which the assessee is entitled in respect of any donation made to aninstitution or fund to which sub-section (5) applies shall not be denied merely oneither or both of the following grounds, namely :—75[(i) that, subsequent to the donation, any part of the income of theinstitution or fund has become chargeable to tax due to noncompliancewith any of the provisions of section 11, 76 [section 12 orsection 12A];(ii) that, under clause (c) of sub-section (1) of section 13, the exemptionunder section 11 76 [or section 12] is denied to the institution or fundin relation to any income arising to it from any investment referredto in clause (h) of sub-section (2) of section 13 where the aggregate ofthe funds invested by it in a concern referred to in the said clause (h)does not exceed five per cent of the capital of that concern.]]Explanation 3.—In this section, “charitable purpose” does not include anypurpose the whole or substantially the whole of which is of a religiousnature.77[Explanation 4.—For the purposes of this section, an association or institutionhaving as its object the control, supervision, regulation or encouragement inIndia of such games or sports as the Central Government may, by notification inthe Official Gazette 78 , specify in this behalf, shall be deemed to be an institutionestablished in India for a charitable purpose.]79[Explanation 5.—For the removal of doubts, it is hereby declared that nodeduction shall be allowed under this section in respect of any donation unlesssuch donation is of a sum of money.](6) 80 [* * *]74. Substituted by the Finance Act, 1970, w.e.f. 1-4-1971.75. Restored to its original position by the Direct Tax Laws (Amendment) Act, 1989, w.e.f.1-4-1989. Earlier, clauses (i) and (ii) were substituted by the Direct Tax Laws (Amendment)Act, 1987, with effect from the same date.76. Inserted by the Finance Act, 1972, w.e.f. 1-4-1973.77. Substituted by the Finance Act, 2002, w.e.f. 1-4-2003. Prior to its substitution, Explanation4, as inserted by the Finance Act, 1973, w.e.f. 1-4-1974, later on omitted by the Direct TaxLaws (Amendment) Act, 1987, w.e.f. 1-4-1989 and restored to its original provision by theDirect Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989, read as under :“Explanation 4.—For the purposes of this section, an association approved by the CentralGovernment for the purposes of clause (23) of section 10 shall also be deemed to be aninstitution, and every association or institution approved by the Central Government forthe purposes of the said clause shall be deemed to be an institution established in Indiafor a charitable purpose.”78. For notified games and sports, see Taxmann’s Master Guide to Income-tax Act.79. Inserted by the Finance Act, 1976, w.e.f. 1-4-1976.80. Omitted by the Finance Act, 1968, w.e.f. 1-4-1969.