KARMAYOGI SHANKARRAOJI PATIL SSK LIMITED,PUNE vs. ITO, WARD 14(1), PUNE

PDF · subscribers
ITA 2112/PUN/2019Status: DisposedITAT Pune16 June 2022AY 2016-174 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee had made a provision for the contribution rather than an actual payment. However, it directed the Assessing Officer to re-examine the issue afresh based on the assessee's evidence and relevant judicial precedents.

What were the facts?

The assessee claimed a deduction for a contribution made to Vasantdada Sugar Institute (VSI). The lower authorities disallowed the deduction, stating that the amount was not actually paid to VSI and therefore not eligible for weighted deduction under Section 35(1)(ii).

What were the issues?

Whether a provision for contribution to an approved research institute qualifies for weighted deduction under Section 35(1)(ii) without actual payment, and the applicability of Section 43(2) defining 'paid'.

Which sections of the Income-tax Act were involved?

Section 35(1)(ii),Section 43(2),Section 43B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH,

Before: SHRI S.S.GODARA & DR.DIPAK P.RIPOTE

For Appellant: Shri Hanmant Dattatry Dhavle - AR
For Respondent: Shri S P Walimbe – DR
Hearing: 10/06/2022Pronounced: 16/06/2022

ORDER

Per S.S.Godara, JM:

1.

This assessee’s appeal for A.Y.2016-17 is directed against the Commissioner of Income Tax(Appeals)-7, Pune’s order, dated 24.10.2019 passed in case no.PN/CIT(A)-7/Cir-14/10189/2018-19 involving proceedings u/s 143(3) of the Income Tax Act, 1961 in short “the Act”. Heard both the parties. Case file perused.

2.

Coming to the assessee’s sole substantive grievance raised in the instant appeal that both the Lower Authorities have erred in law and on facts in disallowing its contribution made to Vasantdada Sugar Institute(VSI) to the tune of Rs.17,75,229/-, it emerges that the for A.Y. 2016-17 Karmayogi Shankarraoji Patil Sahakari Sakhar Karkhana Ltd., (A) ld.CIT(A) has confirmed the assessment findings to this effect as follows: “4.3 I have carefully considered the facts of the case and law apparent from the records. The appellant has collected an amount of Rs.17,75,229/- which remained unpaid to research institute (VSI) and claimed deduction under 35(1 )(ii). The appellant contended that, it should be treated as paid as defined u/s 43(2) and it is not covered under section 43B. The appellant relied on the decision of the Panchaganga SSK Ltd. The appellant is eligible for weighted deduction u/s 35(1) to on payment to approved institution VSI by virtue of the notification of the CBDT in this regard in 2007. The appellant has not been able to adduce any evidence that amount has been paid to VSI and receipt in this regard has been received from VSI. The VSI cannot account the amount of contribution from the appellant unless it is received by the VSI and in turn the VSI issues certificate of the contribution. The contribution being made by the appellant is not deduction itself. If the appellant is doing research itself then, such possibility of getting deduction without making actual payment may arise. The VSI is also require to furnish the details of contribution received during the financial year to the authority specified in the notification. If name of the contributor along with amount is not appearing in particular financial year the deduction cannot be claimed. The appellant has also not demonstrated that, the receipts following the category diversion of income by overriding title. In this circumstances the decision of the ITAT, Pune in case of Panchangana SSK Limited, on ITA No.2112-PUN-2019 for A.Y. 2016-17 Karmayogi Shankarraoji Patil Sahakari Sakhar Karkhana Ltd., (A)

the issue and the provisions of sec. 43(2) are not applicable to the facts of the present case. The section 43(2) states that, paid means actually paid. The amounts were found to be not paid during the year. The purpose of notification is to encourage research, which cannot be attained unless amount is actually received and actually spent for the purpose of research. Claiming such deduction is not in the spirit of the notification of the CBDT, No. 177 /2007(F.No.203/ 13/2007 /ITA-II), dated 24/05/2007. In view of the above, action of the AO, disallowing the deduction u/s 35(1)(ii) of Rs. 17,75,229/- is upheld. Accordingly, Ground No. 3 of the appeal is dismissed.”

3.

We find that both parties vehement rival stands against and in support of the impugned disallowance that the assessee had merely made a provision of the impugned sum than having actually contributed / paid the same to the recipient as it is learned counsel’s plea before us. There is no material before us which could throw light on the basis of the impugned provision as on 31.03.2016. Mr.Dhavle strongly argued that this tribunals various co-ordinate benches have already allowed similar claims in case of the very recipient i.e. Vasantdada Sugar Institute. Be that as it may, we are of the view the Assessing Officer needs to re- examine the entire issue afresh in the light of assessee’s corresponding material leading to the impugned provision in relevant previous year in light of all of the latter’s evidence to be filed in consequent proceedings. Needless to say, he shall also taken into consideration all the relevant for A.Y. 2016-17 Karmayogi Shankarraoji Patil Sahakari Sakhar Karkhana Ltd., (A) judicial precedents to this effect in consequential proceedings. Ordered accordingly.

More judgments on Section 35(1)(ii)

All 329 judgments and leading authorities on Section 35(1)(ii) →

Recent GST High Court judgments

Search GST case law →