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2016 (6) TMI 169 - AT - Income TaxDisallowance of payment made by the appellant to Global Vipassana Foundation - commercial expediency - in the nature of donation or expenditure - TDS liability - Held that:- We have observed that the assessee company has made payment of ₹ 25 lacs to Global Vipassana Foundation during the previous year relevant to the assessment year and the assessee company has claimed it as business promotion expenses (Rs. 20 lacs) and staff welfare expenses (Rs. 5 lacs) in its books of accounts and also in the return of income filed with the Revenue. The payment of ₹ 25 lacs was stated to be made for use of the ‘Global Pagoda’ Mark and the courses of meditation to be held by the Global Vipassana Foundation. No receipt issued by the Global Vipassana Foundation for payment of ₹ 25 lacs made by the assessee company to Global Vipassana Foundation has been produced by the assessee company before the learned CIT(A) despite being asked by the learned CIT(A) to produce the same. The said receipt is also not produced before us. The assessee company is directed to produce the receipt and all other relevant documents in connection with the payment of ₹ 25 lacs to Global Vipassana Foundation to substantiate its claim before the learned CIT(A) for examination and verification by the authorities below as per the mandate of the Act and the Rules made thereof. - Matter remanded back.
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