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TMI Blog2020 (4) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... decide the issue afresh after affording sufficient opportunities to the assessee. This Court does not find anything wrong with that. The approach of the Tribunal is very balanced. Initially, it found that the disallowance made by the lower authorities is unsustainable and allowance should be given, however, based on the statement made by the donee, the Tribunal rightly remanded the matter to the assessing officer. - T.C.A. NO. 55 OF 2018, C.M.P. NO. 474 OF 2018 - - - Dated:- 13-12-2019 - N. Kirubakaran And P. Velmurugan, JJ. Mrs. T.C.A. Sangeetha for the Appellant. T. Ravikumar Sr. Counsel for the Respondent. JUDGMENT N. Kirubakaran, This tax case appeal has been filed against the order of the Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zation Mr.Swapan Ranjan Das Gupta had recorded a sworn statement during a survey under section 133A of the Income-tax Act, 1961 that donation made to the Organization was returned after deducting 5% commission. The Assessing Officer treated the donation as a bogus donation despite the appellant clarifying that the donation is genuine and made directly to the organization. The Assessing officer disallowed the donation by treating it as an accommodation entry despite the facts being otherwise. 5. The appellant had shown an amount of ₹ 1,78,833 as dividend received from shares and Mutual funds and claimed exemption under section 10(38) of the Income-tax Act, 1961. The Assessing officer also disallowed an amount of ₹ 2,89,666/- u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the donation has been made as per Section 35(1)(ii) of the Income-tax Act, 1961? (ii) Whether in the facts and circumstances of the case, Income-tax Appellate Tribunal was justified in remitting the matter back to the file of the assessing officer instead deciding the issue of disallowance under section 14A of the Income-tax Act, 1961 in view of the fact that no expenditure was incurred for earning the dividend income? 9. The only question which is focused before this Court is with regard to the remand of the matter for adjudicating is as to whether the donee sent back the donation to the donor viz., the appellant which claimed allowance under explanation to section 35(1)(ii) of the Income-tax Act. 10. The learned Counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cure Healthcare Bio-herbal Research Foundation would attract exemption under explanation to section 35(1)(ii) of the Income-tax Act. 14. Having given a finding that the appellant is entitled to exemption, the Tribunal went further and based on sworn statement of founder director of M/s.Herbicure Healthcare Bio-herbal Research Foundation that the organization returned the donation to the assessee, thought it fit to remand the matter to ascertain the means of the assessee and the actual amount paid by the assessee and decide the issue afresh after affording sufficient opportunities to the assessee. 15. This Court does not find anything wrong with that. The approach of the Tribunal is very balanced. Initially, it found that the disallowa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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