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2021 (11) TMI 356 - AT - Income TaxBogus deduction u/s. 35(1)(ii) - party to whom payment made has been made found to be bogus entity - HELD THAT:- CIT(A) is passing a peculiar order, when he says that the party to whom payment has been made has been made found to be bogus entity, at the same time learned CIT(A) says that since assessee has not produced the party or obtained a confirmation, it cannot be said that the payment is made to the said party. It is further strange that the assessee's plea of cross examination opportunity the said party is being rejected by counter observation that the same party has not been produced by the assessee As decided in SOPARIWALA EXPORTS PVT. LTD. VERSUS DCIT, CC-8 (1) , MUMBAI [2021 (7) TMI 442 - ITAT MUMBAI] where any sum is paid to such association, university, college or other institution in a previous year relevant to the assessment year beginning on or after the 1st day of April, 2021, the deduction under this clause shall be equal to the sum so paid. Hence 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it can be said that the assessee could have done the impossible and known that subsequently the approval will be withdrawn. Accordingly,we set aside the order of authorities below. The assessee is therefore held to be eligible for deduction under section 35(1)(ii) - Decided in favour of assessee.
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