Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 1505 - AT - Income TaxDisallowance of claim of deduction u/s 35(1)(ii) - donation given to School of Human Genetics & Population Health (SHG&PG) - HELD THAT:- Exactly on identical issues the co-ordinate Bench of this Tribunal ‘B’ Bench Kolkata in the case of DCIT vs. Maco Corporation (India) Pvt. Ltd. [2018 (3) TMI 811 - ITAT KOLKATA] has considered the issue in regard to very same trust i.e. SGHPH and holds that prior to the date of donation under cancellation of registration has happened and there is absolutely no provision of withdrawal of recognition under section 35(1)(ii). Provisions of the Act are very clear that the payer (the assessee herein) would not get affected if the recognition granted to the payee had been withdrawn subsequent to the date of contribution by the assessee. Hence no disallowance u/s 35(1)(ii) - Decided in favour of assessee.
|