Sec. 80G(5) of the Income tax act, 1961 — Deduction — Approach of CIT(E) declining approval under Section 80G(5)(vi) cannot be said to be reasonable and legally sustainable as assessee society was granted registration under section 12AA by the Commissioner of Income tax exemption meaning thereby, the CIT(E) was satisfied that the aims and objects of the assessee were for charitable purposes, purchase of land and building by itself could not be sufficient to conclude that the assessee is involved in non charitable activities. SLP of the revenue also dismissed. CIT (Exemption) before denying approval under s. 80G(5)(vi) of the Act was required to record a definite finding of fact that the funds utilised for land and building was being utilised for private purposes and not for charitable purposes. The action of the assessee-society in such circumstances cannot be held to be for non-charitable purposes. The CIT (Exemption) had acted on mere suspicion and conjectures to deny approval to the assessee-society. - CIT V/s SETH VINOD KUMAR SOMANI CHARITABLE TRUST - [2020] 269 TAXMAN 059 (SC)