MULTI MANTECH INTERNATIONAL PRIVATE LIMITED,AHMEDABAD vs. DCIT CIRCLE 17(1), NEW DELHI
What did the Tribunal hold?
The Tribunal held that the assessee failed to discharge its onus to prove the genuineness of the donation, especially after being confronted with evidence of a bogus donation scam. For other expenses, the Tribunal allowed a partial addition, considering the ad-hoc nature of the disallowance by the AO.
What were the facts?
The assessee claimed a deduction for donations under Section 35(1)(ii) for an amount of Rs. 35,00,000/-. The Assessing Officer disallowed this claim, as well as festival expenses and other expenses. The CIT(A) reduced some of the disallowances but sustained the disallowance of the donation.
What were the issues?
Whether the donation made by the assessee qualifies for deduction under Section 35(1)(ii) when the donee institution was found to be involved in a bogus donation scam. Whether the disallowance of festival and other expenses was justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Sumati Dayal v. CIT1,967 citing214 ITR 801 · 1995 · SC · Read judgment
- CIT v. Durga Prasad More1,579 citing82 ITR 540 · 1971 · SC
- Tarasafe International (P.) Ltd. v. Deputy Commissioner of Income10 citing153 Taxmann.com 282 · 2023 · ITAT
Income Tax Appellate Tribunal, DELHI ‘E’ BENCH,
Before: SHRI SATBEER SINGH GODARA, & SHRI NAVEEN CHANDRA
PER NAVEEN CHANDRA, AM :-
This appeal by the assessee is directed against the order of the ld. CIT(A), Delhi dated 17.10.2023 pertaining to A.Y 2014-15. 2. The Grounds of Appeal taken by the assessee is as follows:
ITA No. 3480/DEL/2023 [A.Y 2014-15] “1. (a) On the facts and circumstances of the case, the learned CIT (APPEALS) has erred both on facts and in law in disallowing an amount of Rs.35,00,000/- on account of donation u/s 35(1)(ii). (b) That the disallowance has been made despite the expenses being incurred are wholly genuine and true to the best knowledge of assessee
The order continues below.
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More judgments on Section 35(1)(ii)
- ACIT-19(3), Mumbai vs Zeenat Shafique Jagani, MumbaiITA 3721/MUM/2026[2014-15]Status: Disposed31 Aug 2026AY 2014-15
- High Volt Electricals Private Limited… vs Income Tax Officer, PalgharITA 3049/MUM/2026[2016-2017]Status: Disposed31 Aug 2026AY 2016-2017
- Vijay Transtech Private Limited, Mumbai vs ACIT Circle-11(3)(2), MumbaiITA 2644/MUM/2026[2016-2017]Status: Disposed31 Aug 2026AY 2016-2017
- Deputy Commissioner of Income Tax, Circle… vs Torrent Power Limited, AhmedabadITA 1117/AHD/2024[2011-12]Status: Disposed6 Aug 2026AY 2011-12
- Deputy Commissioner of Income Tax, Circle… vs Torrent Power Limited, AhmedabadITA 1076/AHD/2024[2010-11]Status: Disposed6 Aug 2026AY 2010-11
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