ITAT upholds disallowance made u/s 35(1)(ii) of Income Tax Act towards donation given to School of Human Genetics and Population [Read Order]

The Income Tax Appellate Tribunal (ITAT) Kolkata Bench upheld disallowance made under Section 35(1)(ii) of Income Tax Act, 1961 towards donation given to school of Human Genetics and Population

The Assessee H.K. Dutta & Co.Filed the Appeal Against the Order of Commissioner Of Income Tax (Appeals) passed Under Section 250 Of the Income Tax Act, 1961 for the Assessment Year 2013-14 which arised out Of the assessment order framed under Section 143(3) of the Income Tax Act.

Assessee is a partnership firm engaged in the business of manufacturing and sale of gold jewellery through showrooms located at Bowbazar and Garia. Assese filed the return of income electronically for the assessment year. Thereafter, the assessee’s case was selected for scrutiny.

Thereafter, the Assessing Officer (AO) passed an assessment order by disallowing the donation given to the School of Human Genetics and Population.

Aggrieved by the assessment order, the assessee filed an appeal before the Commissioner of Income Tax Appeals (CIT(A)), who upheld the action of AO. Thus, the assessee filed the appeal before the tribunal.

During the appeallate proceedings, the tribunal found that the issues are already covered in against the assessee in case of Hiralal Bhandari vs. ITO.Therefore, the bench considering the decision of the above order of case dismissed the appeal.

After reviewing the order in case of Hiralal Bhandari vs. ITO, the two -member bench of the tribunal comprising Dr. Manish Borad (Accountant Member) and Sonjoy Sarma (Judicial Member) held that   donations given to the School of Human Genetics and Population as bogus.

Therefore, the bench dismissed the appeal of the assessee.

Manish Tiwari, appeared for assessee and Ranu Biswas, appeared for revenue.

To Read the full text of the Order CLICK HERE

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