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2016 (9) TMI 105 - ITAT MUMBAI

2016 (9) TMI 105 - ITAT MUMBAI - TMI - Eligibility of deduction u/s 35AC - Held that:- The assessee complied the twin condition. Ld. CIT(A) considered the contention of the assessee and the notification No. SO121(E) dated 12.01.2009 notifying the Institution as eligible Institution for health and protection activities for elderly persons for three Financial Year i.e. 2008-09, 2009-10 & 2011-12. The CIT(A) concluded that AO has recorded the statement of Dr. Sonia Sharma (Chairperson of MUS) which .....

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e of Donee i.e. MUS, the AO cannot denied the claim of deduction and allowed the appeal of assessee. - Decided against revenue - ITA No.6379/Mum/2014 - Dated:- 27-7-2016 - SHRI B.R.BASKARAN, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER For The Revenue : Shri Nitin Waghmode (DR) For The Assessee : Shri Subodh Ratnaparkhi (AR) ORDER PER PAWAN SINGH, JM: 1. The present appeal filed by the Revenue against the order of CIT(A)-II, Thane dated 16.07.2014 for AY 2010 -11 on the following Grou .....

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roceedings. 2. On the facts and circumstances of the case and in law, the Ld. CIT(A)-I, Thane has erred in accepting the sudden changed version of Dr. Sonia Sharma, Chairperson regarding receipt of donation from the assessee disregarding the specific denial of receipt of donation vide letter dated 10.01.2013 and 04.02.2013 wherein she has categorically stated that there is a bogus account being run in the name of president & treasurer of Mahila Utkarsh Sansthan, Indore by some people from wh .....

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letter dated 10.01.2013 and 04.01.2013 and disregarding the fact of filling writ petition No. 8690/2010 in the Hon'ble HC of Madhya Pradesh, Bench at Indore in which she has alleged that a fraud has been committed by some persons from the said bank account with Kotak Mahindra Bank and a complaint letter dated 19.05.2010 was also filed with the bank in this regard. 4. The appellant prays the order of the Ld. CIT(A)-I, Thane, may be vacated and that of the Assessing Officer be restored. 5. The .....

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ansthan (for short MUS ) Indore and claimed deduction u/s 80G. The Assessing Officer (AO) called for copy of receipt of donation from the assessee. No reply was furnished by assessee. The AO issued notice u/s 133(6) of I.T. Act to the MUS. The MUS denied to have received any donation from assessee vide its reply dated 10.01.2013 and 04.02.2013. The was show caused as to why the claim of donation be not treated as non-genuine and added to the total income. Assessee submitted its reply dated 15.03 .....

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re us. 3. We have heard Ld Departmental Representative (DR) for revenue and Ld Authorised Representative (AR) for assessee and perused the material available on record. Ld. DR for Revenue argued that the assessee made a bogus claim of donation. The AO when issued notice to the MUF u/s 133(6) about the genuineness of donation. The MUS vide their reply dated 10.01.2013 and 04.02.2013 denied about the receipt of such donation. DR for Revenue further argued that from the contents of reply of MUS, it .....

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y order No. 781891 dated 26.03.2010 for ₹ 30,00,000/- was paid to the MUS. The assessee furnished evidence in support of the payment made to MUS , their acknowledgement of payment, the originals of which were produced for verification to AO. Ld AR further argued that the provisions of section 35AC lays down the condition that, if assessee incurred expenditure by way of payment to Institution approved for carrying out any eligible project or scheme and such payment is supported by a certifi .....

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eir reply and not considered the other conditions of that reply. The Chairperson of MUS namely Dr. Sonia Sharma personally attended the proceeding before the AO and confirmed the factum of payment by assessee to their organisation. There was some discrepancy occurred in the reply of the MUS letter dated 04.02.2013 . The AO has not given any finding about the personal appearance of Chairperson of MUS during assessment proceedings . Ld. AR further argued that the CIT(A) correctly appreciated the f .....

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nfirmation of MUS dated 26.02.2013 ( available at page No. 8 to 22 of PB). 4. We have considered the rival contentions of the parties and perused the material available on record. The AO while considering the claim of assessee issued notice to the MUS u/s 133(6) which were duly reply by them vide their reply dated 10.01.2013 & 04.02.2013. Initially the MUS denied to have received the donation from the assessee. The assessee was show caused by AO as to why the donation should not be treated a .....

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led by third party on 26.02.2013 is an afterthought and procured one, (ii) The Audit Report submitted by MUS on 26.02.2013 revealed that they have claimed loss for forgery to the tune of ₹ 8,63,26,000/-. It was urged before the CIT(A) that while considering the Grounds of appeal observed that the provision of section 55AC laid down that where assessee incurred expenditure by way of payment to Institution approved for carrying out any eligible product or scheme and such payment is supported .....

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