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2018 (1) TMI 326 - AT - Income TaxDisallowance of exemption u/s.80G - Held that:- The assessee has paid an amount of 2.81 lakhs towards donations and ₹ 2.43.958 towards subscription to different concerns as mentioned in para 21 of this order. The major amounts are paid to Government institutions headed by Government officials like District Magistrate and other Government officials where the assessee company has major active business operations. As regards the subscriptions, the details furnished by the assessee are in the nature of annual membership, etc. The Tribunal in the assessment years 1999-2000, 2000-2001, 2001- 02 and 2002-03 has directed the Assessing Officer to allow such expenditure where the assessee has been able to establish relation over the expenditure of the assessee company. As regards to donation which are eligible for deduction u/s. 80G, the Assessing Officer shall allow the same on submission of the evidence of exemption u/s.80G. But in the present year under consideration, the ld A.R. submitted that there is no such donation which is eligible for deduction u/s.80G. We considering the facts and submissions, set aside the orders of lower authorities and direct the Assessing Officer to allow deduction of ₹ 5.25 lakhs made under the head “donation and subscription” and allow this ground of appeal of the assessee. Addition on account of claim of 15% on loss on sale/discard of assets - CIT(A) directed the Assessing Officer to verify the correctness of assessee’s claim and given effect if any, as the issue is linked with the assessment year 1995-96 to 2008-09 - Held that:- We find no infirmity in the order of the CIT(A) as he has only directed the Assessing Officer to verify the correctness of assessee’s claim and give effect, if any. Hence, we dismiss this ground of the assessee. Short credit of TDS - Held that:- We do not find any flaw in the order of the CIT(A) as he has observed that the credit of TDS should have been allowed to the assessee on the basis of original TDS certificates submitted. Hence, we confirm the order of the CIT(A) on this issue. Depreciation on lease hold rights of coal bearing land u/s.32(1)(ii) being an intangible asset - Held that:- We find force in the submission of ld D.R. that the depreciation is not allowable u/s.32(1)(iii) of the Act in respect of intangible assets, which is supported by judicial pronouncements cited above. In view of above, we dismiss these grounds filed by the assessee.
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