Madras HC declares Clause 5(ii) of Circular No.6/2023 on Trusts issued by CBDT Arbitrary and Ultra vires to Constitution of India [Read Order]

CBDT was instructed to review petitioners' applications for recognition under clause (i) of section 80G(5) of the Act as timely and to adjudicate upon them within six months.
Madras HC Clause - 5(ii) of Circular No.62023 on Trusts CBDT Arbitrary - Ultra vires to Constitution of India - TAXSCAN

In a recent verdict, the Madras High Court declared Clause 5(ii) of Circular No.6 of 2023, issued by the Central Board of Direct Taxes ( CBDT ) on May 24, 2023, as illegitimate, arbitrary, and unconstitutional. This clause, which failed to extend the deadline for Section 80G(5) to new trusts, was deemed in violation of…

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