2009 (1) TMI 868

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..... e-tax Appellate Tribunal, Jodhpur Bench, Jodhpur (in short 'the Tribunal' hereinafter) in ITA No. 227/Jd/2004, whereby the appeal of the assessee company for the asst. yr. 1998-99, against the order dt. 16th March, 2004 passed by the Commissioner of Income-tax (Appeals), Udaipur [in short 'the CIT(A)' hereinafter], confirming the disallowance of ₹ 20,00,000 being contribution .....

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..... firmed by the learned CIT(A) vide order dt. 16th March, 2004. 3. However, the learned Tribunal after due consideration of rival submissions of the parties, arrived at the finding that since ownership of the school building lies with the trust, no benefit of enduring nature in the capital field or for acquisition of any asset is derived by the assessee, therefore, the donations made duly spent for .....

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..... n view the Bench decision of this Court in the matter of Rqjasthan Spg. & Wvg. Mills Ltd. (supra), in our considered opinion, the learned Tribunal has committed no error in holding that the donations made by the assessee company as aforesaid, are allowable business expenditure under s. 37(1) of the Act of 1961. Thus, no substantial question of law arises in this appeal for consideration of this Co .....

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