1987 (10) TMI 124

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..... er of the Commissioner of Income tax (Appeals) dated 26-10-1984, wherein he has held that the deduction admissible under section 80G of the Income-tax Act, 1961 is only Rs. 17.259 as against no deduction allowed by the Income-tax Officer. 2. The assessee is a domestic company and the assessment year involved is 1981-82 for which the accounting year ended on 31-12-1980. It filed return of income .....

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..... erved that the publication was not an authority for the proposition canvassed by the counsel. According to him the stand taken by the assessee as well as the ITO was not correct. On the other hand, he was of the opinion that the phrase amount inresepct of which the asessee is entitled to a deduction under any other provision of this Chapter'means the gross amount of dividends in respect of which t .....

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..... Qualifying donations restricted to 10 per cent thereof 34,518 Deduction admissible under section 80G at the rate of 50 per cent 17,259 Consequently he held that the assessee is entitled to deduction of Rs. 17,259 under section 80G of the IT act, 1961. Hence the appeal by the assessee to the .....

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..... . The Legislature meant significance for the words used in the statute. Therefore, he urged that the order of the CIT(A) does not require any interference. 7. We have duly considered the rival submissions. After due consideration we are on the opinion that the words sums or amount appearing in section 80G, all represent gross amount or aggregate amount so to say, Therefore, the words any amount .....

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..... n (4) of section 80G seeks to restrict the aggregated of the eligible sums with reference to two factors, namely (i) 10 per cent of the gross total income, and (ii) Rs. 5,00,000 whichever is smaller and the excess of the aggregated sum should be ignored. Therefore, the amount which is sought to be reduced is gross amount and not net amount. In this view of the matter, therefore, the CIT (A) was ju .....

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