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| The Tax Publishers2019 TaxPub(DT) 4614 (Mum-Trib) INCOME TAX ACT, 1961
Section 35(1)(ii)
Donor (i.e. assessee) could not be affected due to subsequent withdrawal of recognition with retrospective effect, accordingly AO was directed to grant deduction under section 35(1)(ii).
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Business deduction under section 35(1)(ii) - Donation to scientific research organisation - Impact of withdrawal of recognition with retrospective effect -
Assessee claimed weighted deduction under section 35(1)(ii) @ 175% of donation made to SHG & PH. AO disallowed deduction on the ground that approval of said Institution had been withdrawn by CBDT with effect from 1-4-2007. Held: Donor (i.e. assessee) could not be affected due to subsequent withdrawal of recognition with retrospective effect, accordingly AO was directed to grant deduction under section 35(1)(ii).
Relied on:National Leather Cloth Manufaturing Co. v. I.C.A.R. (2000) 241 ITR 482 (Bom) : 2000 TaxPub(DT) 0938 (Bom-HC), dated 7-10-1999
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
IN THE ITAT, MUMBAI BENCH
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