2021 (2) TMI 956 - ITAT AHMEDABAD - Income Tax

Head Note / Extract:
Disallowance u/s 35(1)((ii) - claim of donation made to one School of Human Genetics & Population Health (SHG&PH) Kolkata on the ground that the said institution is engaged in providing entry and indulged in laundering unaccounted money of the appellant - HELD THAT:-Appellant has made payment of ₹ 15,00,000/- as donation for the A.Y. 2014-15 to the institution i.e. School of Human Genetics & Population Health (SHG&PH) when the said institution has valid registration u/s 35(1)(ii) by and under Notification No. 35/2008/F. No. 203/135/2007/ITA II dated 14.03.2018. The said donee School of Human Genetics & Population Health is also a registered institution under Section 12AA of the Act and certificate of exemption under Section 80G(5) of the Act by the Commissioner of Income Tax (Exemption) Kolkata under letter dated 03.02.2005. It is the case of the appellant that since the registration of that institution was cancelled by the Ministry of Finance on 06.09.2016 at the time of making donation by the appellant the said institution was holding the genuine registration under Section 35(1)(ii) of the Act. And, therefore, on that score alone the disallowance holding the said institution engaged in laundering of unaccounted money is not sustainable in the eye of law, taking into consideration the date of cancellation of registration of the said institution as on 06.09.2016. Appeal filed by the assessee by deleting the disallowance made by revenue relating to the claim of donation made by the assessee to School of Human Genetics & Population Health(SHG&PH). We, therefore, delete such disallowance made by revenue - Assessee’s appeal is allowed.