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2021 (10) TMI 732 - AT - Income TaxReopening of assessment u/s 147 - Disallowing claim of weighted deduction of 175% under section 35(l)(ii) on the ground that donation receipt is not submitted - Allegation of providing accommodation entries - AO received information from Directorate of Income Tax (Investigation), Kolkata that an institution approved u/s.35(i) namely M/s. Herbicure Healthcare Bio-Herbal Research Foundation (HHBHRF) was providing accommodation entries to beneficiaries in the nature of bogus donation that the modus operandi of HHBHRF was to receive the bogus donations by cheque - HELD THAT:- There is nothing on record that any specific information regarding the assessee was received. Consequently, upon reopening on the basis of the same information the Assessing Officer made the assessment disallowing the payment. There is no further material brought on record by the Assessing Officer. The assessee has submitted the payment evidence. The same was through banking channel. At the time of payment the said entity was very much eligible of the deduction. See SOPARIWALA EXPORTS PVT. LTD. VERSUS DCIT, CC-8 (1) , MUMBAI [2021 (7) TMI 442 - ITAT MUMBAI] as held the payee was duly approved when the payment was done. By no stretch of imagination it can be said that the assessee could have done the impossible and known that subsequently the approval will be withdrawn.the payee was duly approved when the payment was done. - Decided in favour of assessee.
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