9911796707
TMI Blog2024 (3) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... 5(1)(ii) of the Act. The ld.CIT(A) also noted that identical issue had come up for consideration before the ITAT, Chennai Bench in the case of DCIT Vs. Sudhakar Natarajan [ 2019 (5) TMI 2005 - ITAT CHENNAI] wherein denial of weighted deduction under section 35(1)(ii) of the Act on identical donation made to the same institute, Shri Arvindo Institute of Applied Scientific Research Trust after the approval had expired, was upheld by the Tribunal vide order dated 24.5.2019. Before us, there was nothing to contradict the adverse findings of the Revenue authorities pertaining to the impugned donation being fraudulently taken in the absence of a valid approval for the same from the prescribed authority. Thus no reason to interfere in the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ote the sequence of events. 3. The appeal, presented before the Tribunal by the assessee on 11.4.2022, was listed for hearing on 20-03-23 when none appeared for the assessee and the case was adjourned. It came up next for hearing on 10.5.2023 and following a request for adjournment by the assessee, the case was rescheduled for 13.6.2023, 28.6.2023, 03-08- 23 30.8.2023 when the Bench did not function. Subsequently, on 4.10.2023 when the matter came up for hearing none appeared for the assessee. On 6.11.2023, when the matter was once again slated for hearing, the assessee's counsel sought an adjournment through an application. Despite the adjournment being granted and the matter being rescheduled for 12.12.2023, no representation from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee, which was denied concurrently both by the AO and the ld.CIT(A), amounting to Rs. 2,18,75,000/-. The assessee has also raised the issue of the denial of this deduction of donation of Rs. 1.25 Crs while computing its Books Profits for the purposes of paying taxes thereon in accordance with the provisions of section 115JB of the Act, thus increasing its Book Profits to the said extent. 6. We have gone through the orders of the authorities below with the assistance of the ld.DR and we have noted that the impugned claim of the assessee to the weighted deduction under section 35(1)(ii) of the Act was denied on the donation of Rs. 1,25,00,000/- made by the assessee to Shri Arvindo Institute of Applied Scientific Research Trust during the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be approved under section 35(1)(ii) of the Act. The ld.CIT(A) also noted that identical issue had come up for consideration before the ITAT, Chennai Bench in the case of DCIT Vs. Sudhakar Natarajan in ITA No.2205/Chny/2015 wherein denial of weighted deduction under section 35(1)(ii) of the Act on identical donation made to the same institute, Shri Arvindo Institute of Applied Scientific Research Trust after the approval had expired, was upheld by the Tribunal vide order dated 24.5.2019. 8. Before us, there was nothing to contradict the adverse findings of the Revenue authorities pertaining to the impugned donation being fraudulently taken in the absence of a valid approval for the same from the prescribed authority. In the light of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
