In case of Charitable organizations interested persons
and relatives have important role. The genuineness of the
charity may be questioned due to amount spend for the
benefit of specified persons. In the Income Tax Act
interested persons and relatives are defined as under:-
Who are interested persons?
Interested persons may be:-
1. The author of the trust or the founder of the institution.
2. Any person who has made a substantial contribution to the trust or institution that is to say, any person whose total contribution up to the end of the relevant previous year exceeds fifty thousand rupees.
3. Where such author, founder or person is a Hindu undivided family, a member of the family.
4. Any trustee of the trust or manager, (by whatever name called) of the institution.
5. Any relative of any such author, founder, person, member, trustee or manager as aforesaid.
6. Any concern in which any of the persons referred to in clauses 1,2,3,4 and 5 (above) has a substantial interest.
Who are Relatives?
Relatives may be:-
1. Spouse of the individual.
2. Brother or sister of the individual.
3. Brother or sister of the spouse of the individual.
4. Any lineal ascendant or descendant of the individual.
5. Any lineal ascendant or descendant of the spouse of the individual.
6. Spouse of a person referred to in 2,3,4 or 5 above.
7. Any lineal descendant of a brother or sister of either the individual or of the spouse of the individual.
What is approval u/s 80G(5)? Is it necessary for a charitable Institution? How to apply for it? What is the use of approval u/s 80G(5) for Charitable Trust, Charitable Society, Non Governmental Organizations (NGO), Section 25 Companies and other exempted institutions?