Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (9) TMI 105 - AT - Income TaxEligibility of deduction u/s 35AC - Held that:- The assessee complied the twin condition. Ld. CIT(A) considered the contention of the assessee and the notification No. SO121(E) dated 12.01.2009 notifying the Institution as eligible Institution for health and protection activities for elderly persons for three Financial Year i.e. 2008-09, 2009-10 & 2011-12. The CIT(A) concluded that AO has recorded the statement of Dr. Sonia Sharma (Chairperson of MUS) which clearly established the fact that assessee has actually made the payment of ₹ 1,00,00,000/- to the MUS. The AO despite recording the statement confirmed the donation conveniently avoided referring to such evidence including statement while disallowing the claim of assessee in the assessment order. The CIT (A) concluded that the assessee satisfied both the condition enumerated u/s 35AC. The Ld. CIT(A) also considered the fact that even if any discrepancy or forgery has been occurred in case of Donee i.e. MUS, the AO cannot denied the claim of deduction and allowed the appeal of assessee. - Decided against revenue
|