1979 (2) TMI 118 - AT - Income Tax

Summary

Issues:
1. Disallowance of Rs. 2,965 under s. 80G.
2. Disallowance of claim of development rebate amounting to Rs. 25,146.

Analysis:

Disallowance under s. 80G:
The appeal pertains to the assessment year 1974-75, where the assessee, a partnership firm engaged in manufacturing automobile ancillary parts, claimed a rebate of Rs. 2,965 under s. 80G of the IT Act for donations made. The Income Tax Officer (ITO) disallowed the claim as the donees were not approved institutions. The Appellate Authority Commissioner (AAC) upheld this decision due to lack of receipts from the donees. However, the assessee produced duplicate receipts for a part of the amount. The tribunal allowed a deduction of Rs. 1,000 based on the produced receipt, reducing the disallowance to Rs. 1,965.

Development Rebate Disallowance:
The second issue concerns the disallowance of a development rebate of Rs. 25,146 claimed by the assessee for dies purchased during the year. The ITO disallowed the claim, stating that the expenditure did not pertain to new machinery or plant installation as required by s. 33. The AAC upheld this decision, emphasizing that development rebate is only applicable to new machinery or plant. The assessee argued that the dies were essential for manufacturing parts and should be considered part of the machinery. Citing legal precedents, the assessee contended that development rebate should be allowed. The tribunal agreed with the assessee, acknowledging that dies are integral to the manufacturing process and should be considered as part of the machinery. Therefore, the tribunal reversed the AAC's decision and allowed the development rebate of Rs. 25,146 as claimed by the assessee during the assessment proceedings.

In conclusion, the tribunal partially allowed the appeal, permitting the deduction of Rs. 1,000 under s. 80G and granting the development rebate of Rs. 25,146 for the dies purchased by the assessee.