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2015 (12) TMI 1609 - AT - Income TaxRevision u/s 263 - erroneous computation of Book Profit u/s. 115JB - undisclosed claim of donation - whether order passed by the AO as not only erroneous but also prejudicial to the interest of the Revenue? - Held that:- We find that vide letter dated 7th December, 2012, the assessee has furnished (a) ledger account of donation u/s. 80G alongwith donation receipts (b) copy of acknowledgement of return of income and balance sheet and profit and loss account of M/s. Shantilal Shanghvi Foundation alongwith all its schedule. This reply is placed at page-20 of the Paper Book and from pages 23 to 38, we find the receipts of donation to M/s. Shantilal Shanghvi Foundation. Thus, it can be seen that in response to a specific query, the assessee has filed all the related details alongwith supporting evidences. Therefore, it cannot be said that the AO has not examined this issue during the course of assessment proceedings. The decisions relied upon by the Ld. DR are altogether on different set of facts. The AO has thoroughly examined the claim and most importantly the ratio laid down by the Hon’ble Supreme Court in the case of Apollo Tyres Ltd [2002 (5) TMI 5 - SUPREME Court ] squarely apply on the facts of the case. We, therefore, set aside the order of the Principal CIT and restored that of the AO made u/s. 143(3) of the Act. - Decided in favour of assessee
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