1986 (4) TMI 87 - AT - Income Tax

Issues Involved:
1. Deduction under Section 35(1)(ii) for donation towards corpus of a scientific research institution.
2. Deduction under Section 80G for donation towards corpus of a scientific research institution.
3. Rectification of deduction under Section 80G to 10% of gross total income under Section 154.

Issue-wise Detailed Analysis:

1. Deduction under Section 35(1)(ii) for donation towards corpus of a scientific research institution:

The assessee, an unlimited company, donated Rs. 4,50,000 to a recognized institution under Section 35(1)(ii) of the Income-tax Act, 1961. The ITO disallowed the deduction under Section 35(1)(ii) because the donation was towards the corpus of the institution and not specifically for scientific research. The Commissioner (Appeals) upheld this view, stating that the donation towards the corpus could be used for investments and not necessarily for scientific research. The Tribunal confirmed this interpretation, emphasizing that Section 35(1)(ii) requires the sum to be used specifically for scientific research. The assessee's direction for the donation to form part of the corpus meant it could not be considered as expenditure on scientific research, thus disqualifying it from deduction under Section 35(1)(ii).

2. Deduction under Section 80G for donation towards corpus of a scientific research institution:

Initially, the ITO allowed a deduction of 50% of the donated amount under Section 80G(2)(iv), amounting to Rs. 2,25,000. However, upon further review, the ITO realized that the deduction should be restricted to 10% of the gross total income as per sub-section (4) of Section 80G. The gross total income was Rs. 21,624, and therefore, the allowable deduction was revised to Rs. 21,624. The Commissioner (Appeals) confirmed this rectification, and the Tribunal upheld the decision, noting that the statutory provision expressly limits the allowance to 10% of the gross total income. The Tribunal found no debatable issue or need for long reasoning, thus affirming the rectification under Section 154.

3. Rectification of deduction under Section 80G to 10% of gross total income under Section 154:

The ITO initially allowed a 50% deduction of the donation under Section 80G but later rectified this to 10% of the gross total income, citing a mistake apparent on record. The Commissioner (Appeals) upheld this rectification, and the Tribunal confirmed it, emphasizing that the statutory provision clearly restricts the deduction to 10% of the gross total income. The Tribunal noted that the mistake was apparent and did not require extensive reasoning, thus justifying the rectification under Section 154.

Conclusion:

The Tribunal dismissed all appeals, confirming the orders of the Commissioner (Appeals). The key points were that donations towards the corpus of an institution do not qualify for deduction under Section 35(1)(ii) as they are not specifically for scientific research, and the deduction under Section 80G is restricted to 10% of the gross total income as per statutory provisions, justifying the rectification under Section 154.

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