TMI Blog2002 (7) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... "Even if the audit report is not taken into consideration, then in that case also it is not a case of addition, as undisputedly the corpus donations during the year were to the tune of Rs. 4,03,243.30, against which the assessee had incurred expenditure during the year at Rs. 5,01,263, which clearly establishes that expenses were more than the corpus fund received as donation during the year. I ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-tax Act, 1961 (for short "the Act"), arising out of the order of the Income-tax Appellate Tribunal (for short 'the Tribunal"), dated October 31, 2001 in I. T. A. No. 1243 (Delhi) of 1995, pertaining to the assessment year 1990-91. Briefly stated the facts giving rise to the present appeal are: While completing the assessment for the relevant assessment year, the Assessing Officer disallowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner, for the reasons best known to the Revenue, it took the matter in appeal to the Tribunal. As expected, the Revenue's appeal was dismissed by the Tribunal. While holding that there was no infirmity in the order of the first appellate authority, the Tribunal also made the following observations: "Even if the audit report is not taken into consideration, then in that case also it is not a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eard Mr. R. D. Jolly, learned senior standing counsel for the Revenue. In the present appeal it is not the case of the Revenue that the aforesaid finding recorded by the Commissioner of Income-tax (Appeals) and affirmed by the Tribunal with regard to the existence of the audit report under section 12A(b) of the Act and its production before the Commissioner of Income-tax (Appeals) is erroneous. Ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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