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2014 (5) TMI 350 - ITAT AHMEDABADDisallowance of membership fee – Nature of sum paid donation OR not – Held that:- CIT(A) was of the view that the assessee has filed some print outs of details given on the web site of JITO as also the letters written by the organization to the Director – the organization is for business man, industrialist and professionals of Jain Community only - Its membership is limited to Jains only and it is working for Philanthropic activities in education, training, health care, general up-liftment and youth development for this community - there is no finding of CIT(A) about the nature of organization with respect to JITO and thereby the fees paid by Assessee is not in the nature of membership fees but is in the nature of donation or charity – the matter needs re-examination, thus, the matter is required to remitted back to the CIT(A) for re-examination – Decided in favour of Assessee. Addition to the value of closing stock - Scrap sales - Held that:- There is no finding by the CIT(A) about the sale of scrap by the assessee in the subsequent year - CIT(A) while confirming the addition has noted that assessee has not shown with documentary evidence the generation of scrap of 4915.28 kg in 3 days i.e. between 28.3.2011 and 31.3.2008 and had not reconciled the quantitative difference – Assessee needs to be granted one more opportunity to substantiate its stand before CIT(A) – thus, the matter to the CIT(A) for re-examination – Decided in favour of Assessee.
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