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2014 (11) TMI 396 - AT - Income TaxRevision u/s 263 - Allowability of deduction u/s 80G – Expenses incurred for the welfare of general public, which included the employees, suppliers and buyers - The donation was made under the company’s policy on corporate social responsibility - Held that:- The assessee had submitted letter issued by the M/s Rajasthan Medical Relief Society, S.M.S. Hospital, Jaipur dated 24/3/2009 before the AO during the assessment proceedings vide its letter dated 30/6/2011 – AO had applied her mind and allowed the deduction u/s 80G of the Act as claimed by the assessee in computation of income - The facts that the assessee had made payment to the supplier directly on behalf of M/s Rajasthan Medical Relief Society, S.M.S. Hospital, Jaipur, were before the AO - No new facts were furnished before the CIT - CIT had different opinion on deduction u/s 80G of the Act - CIT is not empowered to set aside the order of the AO u/s 263 of the Act - the genuineness of this donation has not been doubted by the Revenue - The payments was made on behalf of the donee to make available equipment without going to the technical formalities of the State Government for purchasing the equipments, had made available these equipments directly - It has been certified by the Medical superintendent of M/s Rajasthan Medical Relief Society, S.M.S. Hospital, Jaipur, that the appellant had made payment on behalf of the society – following the decision in Saurashtra Cement and Chemical Industries Ltd. Vs. CIT [1979 (2) TMI 21 - GUJARAT High Court] - the order of the CIT-I, Jaipur passed U/s 263 of the Act is upheld – Decided in favour of assessee.
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