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2022 (5) TMI 1145 - AT - Income TaxDeduction claimed u/s 35(1)(ii) - scope of withdrawal of recognition u/s 35(1)(ii) - donation made by the appellant to the School of Human Genetics & Population Health (SHGPH) and consequent deduction being 175% of the amount of donation made - HELD THAT:- As perused the material available on record on the identical facts, in the case M/s. Maco Corporation (India) Pvt. Ltd. [2018 (3) TMI 811 - ITAT KOLKATA] had held that withdrawal of recognition u/s 35(1)(ii) of the Act in the hands of payee organisation would not affect the right and interest of the assessee for claim of deduction u/s 35(1)(ii) of the Act. We find that there is no provision in section 35(1)(ii) of the Act to withdraw the recognition granted to the assessee therein. When there is no provision for withdrawal of recognition in the Act, the action of the revenue in withdrawing the recognition with retrospective effect from 1.4.2007 is unwarranted - See Industrial Infrastructure Development Corporation (Gwalior) M.P. Ltd [2018 (2) TMI 1220 - SUPREME COURT] - Decided in favour of assessee.
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