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28 results for “disallowance”+ Section 260clear

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Key Topics

Section 80P(2)95Section 143(3)29Disallowance26Addition to Income24TDS22Deduction21Section 80P19Natural Justice19Section 1548Section 40

M/S BEC INFRA PRIVATE LIMITED,DURG vs. DY. COMMISSIONER OF INCOME TAX-1(1), BHILAI

In the result ground no. 3 of the appeal of the assessee is allowed

ITA 66/RPR/2020[2014-15]Status: HeardITAT Raipur24 Apr 2023AY 2014-15

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.66/Rpr/2020 (Assessment Year: 2014-2015) M/S Bec Infra Private Limited, Vs Circle-3(1), Raipur 47, Motilal Nehru Nagar, Durg Pan No. :Aagcm 0049 N (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Nilesh Jain, Ca राजस्व की ओर से /Revenue By : Shri Piyush Tripathi, Sr. Dr सुनिाई की तारीख / Date Of Hearing : 20/04/2023 घोषणा की तारीख/Date Of Pronouncement : 24/04/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Assessee Has Filed This Appeal Against The Order Passed By The Cit(A)-Ii, Raipur, Dated 31.12.2019 For The Assessment Year 2014-2015. 2. At The Outset, Ld. Sr. Dr Submitted That The Appeal Filed By The Assessee Is Delayed By 59 Days, Which Can Be Further Extended Since The Claim Of The Assessee That The Order Was Served After 38 Days Of Delay Was Not Supported By Any Documentary Evidence. As Per Appeal Memo In Form No.36, The Date Of Service Of Communication Of The Order Was 7Th February, 2020 & The Appeal Was Filed On 08.06.2020. On This Aspect, The Ld. Ar Submitted That This Was The Covid-19 Period & The Hon’Ble Apex Court Has Already Directed To Extend The Limitation For That Period, Therefore, The Delay May Be Condoned. The Submission Of The Ld. Ar Found Satisfactory & Acceptable & Accordingly, The Delay In Filing The Present Appeal By The Assessee Is Condoned.

For Appellant: Shri Nilesh Jain, CAFor Respondent: Shri Piyush Tripathi, Sr. DR
Section 14A

Section 15.19 it shall be 60 days from the date of agreement i.e April’12. Accordingly, it was agreed to deliver the equipment by June’13. h) Appellant started importing the drawings and designs and incurred Rs. 1,88,99,712/- on importing drawing and design in preceding FY 2012-13. i) It was not charged

Showing 1–20 of 28 · Page 1 of 2

8
Section 686
Section 194A6

M/S. EXOTICS FATS EXIM,RAIPUR vs. INCOME TAX OFFICER, WARD-4(4), RAIPUR

The appeal of the assessee is dismissed in terms of the aforesaid observations

ITA 130/RPR/2022[2010-11]Status: DisposedITAT Raipur26 Dec 2022AY 2010-11

Bench: Shri Ravish Soodआयकर अपील सं./ Ita No.130/Rpr/2022 "नधा"रण वष" / Assessment Year : 2010-11 M/S. Exotics Fats Exim 3Rd Floor, C/O. Dayalal Meghji & Co., Dm Plaza, Chhotapara, Raipur (C.G.)-492 001 Pan : Aacfe1065H .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-4(4), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Shri G.N Singh, Sr. DR
Section 145(3)Section 147Section 148Section 151

disallowance of Rs.1,40,260/- is baseless estimation merely on presumption, surmises and without having any corroborative material/evidence brought on record by the ld. AO, more so, when the ld. AO has not rejected the books of account by applying section

M/S SHRI MANGALAM TRADERS, MAHASAMUND,MAHASAMUD vs. INCOME TAX OFFICER, MAHASAMUND, MAHASAMUD

In the result, appeal of the assessee firm is allowed for statistical purposes in terms of the aforesaid observations

ITA 538/RPR/2024[2016-17]Status: DisposedITAT Raipur21 Jan 2025AY 2016-17

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No.538/Rpr/2024 "नधा"रण वष" / Assessment Year : 2016-17 M/S. Shri Mangalam Traders 1, Village-Parsada, Post- Bemcha, Tehsil: Mahasamund-493 445 (C.G.) Pan : Abdfs1546F .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Mahasamund (C.G.) ……""यथ" / Respondent

For Appellant: Shri Prafulla Pendse, CAFor Respondent: Smt. Anubhaa Tah Goel, Sr. DR
Section 143(2)Section 143(3)Section 145(3)

section under which disallowance has been made under the of income tax act, 1961. 3. The learned CIT(A) erred in sustaining the disallowance of Rs.19,91,000/- made on account of bogus purchases without appreciating the fact that the disallowance was made mechanically without appreciating the evidences furnished by the assessee and also without rejecting the books of account

SHRI SHRI AJAY KUMAR AGRAWAL,AMBIKAPUR (CG) vs. THE INCOOME TAX OFFICER, AMBIKAPUR (CG)

Appeals of the assessee are allowed in terms of our aforesaid terms, with no order as to cost

ITA 261/BIL/2016[2011-12]Status: DisposedITAT Raipur14 Mar 2022AY 2011-12

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 260 & 261/Rpr/2016 िनधा"रण वष" / Assessment Year : 2010-11 & 2011-12 Shri Ajay Kumar Agrawal, Juna Gaddi Road, Po: Ambikapur (C.G.) Pan : Acqpa 4988 B .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Income Tax Office, Kharsia Road, Po: Ambikapur (C.G) .……""थ" / Respondent Appearances Assessee By : Shri G. S. Agrawal Revenue By : Shri G. N. Singh सुनवाई की तारीख / Date Of Conclusive Hearing : 04/02/2022 घोषणा की तारीख / Date Of Pronouncement : 14/03/2022 आदेश/ Order Per Jamlappa D. Battull, Am; The Present Appeals Are Filed By The Assessee Against The First Appellate Order Of Commissioner Of Income Tax - Appeals, Bilaspur [For Short “Cit(A)”] Passed U/S 250 Vide Order Dt 21/03/2016, Which In Turn Sprung From The Assessment Order [For Short “Ao”] Dt 04/03/2013 & 23/01/2014 Passed For Assessment Year [For Short “Ay”] 2010- 2011 & 2011-2012 By The Ld Assessing Officer [For Short “Ld Ao”] U/S 143(3) Of The Income-Tax Act, 1961 [For Short “The Act”].

For Appellant: Shri G. S. AgrawalFor Respondent: Shri G. N. Singh
Section 143(3)Section 194ASection 250Section 40

disallowance to ₹10,000/- in case of travelling & vehicle maintenance, despite of the fact that, all these business expenditure debited to profit & loss account [for short “P&L”] and claimed in the return of income has all the valid characteristic laid in section 37(1) of the Act; ITAT-Raipur Page 7 of 11 ITA Nos. 260

SHRI SHRI AJAY KUMAR AGRAWAL,AMBIKAPUR (CG) vs. THE THE INCOME TAX OFFICER, AMBIKAPUR (CG)

Appeals of the assessee are allowed in terms of our aforesaid terms, with no order as to cost

ITA 260/BIL/2016[2010-11]Status: DisposedITAT Raipur14 Mar 2022AY 2010-11

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita Nos. 260 & 261/Rpr/2016 िनधा"रण वष" / Assessment Year : 2010-11 & 2011-12 Shri Ajay Kumar Agrawal, Juna Gaddi Road, Po: Ambikapur (C.G.) Pan : Acqpa 4988 B .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Income Tax Office, Kharsia Road, Po: Ambikapur (C.G) .……""थ" / Respondent Appearances Assessee By : Shri G. S. Agrawal Revenue By : Shri G. N. Singh सुनवाई की तारीख / Date Of Conclusive Hearing : 04/02/2022 घोषणा की तारीख / Date Of Pronouncement : 14/03/2022 आदेश/ Order Per Jamlappa D. Battull, Am; The Present Appeals Are Filed By The Assessee Against The First Appellate Order Of Commissioner Of Income Tax - Appeals, Bilaspur [For Short “Cit(A)”] Passed U/S 250 Vide Order Dt 21/03/2016, Which In Turn Sprung From The Assessment Order [For Short “Ao”] Dt 04/03/2013 & 23/01/2014 Passed For Assessment Year [For Short “Ay”] 2010- 2011 & 2011-2012 By The Ld Assessing Officer [For Short “Ld Ao”] U/S 143(3) Of The Income-Tax Act, 1961 [For Short “The Act”].

For Appellant: Shri G. S. AgrawalFor Respondent: Shri G. N. Singh
Section 143(3)Section 194ASection 250Section 40

disallowance to ₹10,000/- in case of travelling & vehicle maintenance, despite of the fact that, all these business expenditure debited to profit & loss account [for short “P&L”] and claimed in the return of income has all the valid characteristic laid in section 37(1) of the Act; ITAT-Raipur Page 7 of 11 ITA Nos. 260

FIVE STARCONSTRUCTION COMPANY,BHILAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(1), BHILAI

The appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 45/RPR/2018[2014-15]Status: DisposedITAT Raipur29 May 2023AY 2014-15

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.45/Rpr/2018 "नधा"रण वष" / Assessment Year : 2014-15 Five Star Construction Company Plot No.96-97, Light Industrial Area, Chawani Chowk, Bhilai (C.G)-490026 Pan : Aaaff4316L .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax-1(1), Bhilai (C.G.) ……""यथ" / Respondent

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri Piyush Tripathi, Sr. DR
Section 133ASection 143(2)Section 144Section 40A(3)Section 68Section 69C

Section 145(3) of the Act. The A.O after rejecting the books of 9 Five Star Construction Company Vs. DCIT-1(1), Bhilai accounts of the assessee proceeded with to assess its income in the manner provided in Sec. 144 of the Act and made the following additions/disallowances:- S. No. Particulars Amount (In Rs.) 1. Disallowance of the excess

CHHATTISGARH METALIKS AND ALLOYS PVT. LTD.,RAIPUR vs. INCOME TAX OFFICER -3(3), RAIPUR

In the result, appeal of the assessee is allowed in terms of our aforesaid observations

ITA 114/RPR/2021[2015-16]Status: DisposedITAT Raipur13 Mar 2023AY 2015-16

Bench: Shri Ravish Sood & Shri G D Padmahshaliआयकर अपील सं./ Ita No.114/Rpr/2021 "नधा"रण वष" / Assessment Year : 2015-16 Chhattisgarh Metaliks & Alloys Private Limited Mohini B-5, Merlin Jayashree Vihar, Mandi Gate, Pandri Tarai, Raipur (C.G.)-492 001 Pan : Aadcc9242J .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-3(3), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Abhishek Mahawar, CAFor Respondent: None
Section 143(2)Section 143(3)Section 271(1)(c)Section 56(2)(viib)Section 68

260 (Mum). Also, a similar view had been taken by the ITAT, Mumbai in its recent order passed in the case of ITO Vs. Rajeev Ratanlal Tulshyan (2021) 136 Taxman.42 (Mum). In fact, we find that the CBDT vide its Circular No.10 of 2018, dated 31.12.2018, had earlier clarified that the provisions of section 56(2)(viia

SPIN PACKAGING LTD., BILASPUR,BILASPUR vs. DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX-2(1), BILASPUR, BILASPUR

Appeal of the assessee is allowed for statistical purposes, in terms of over aforesaid observations

ITA 165/RPR/2025[2017-18]Status: DisposedITAT Raipur07 May 2025AY 2017-18

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 165/Rpr/2025 (िनधा"रण वष" Assessment Year: 2017-18)

For Appellant: Shri Bikram Jain, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 143(3)Section 14ASection 250

section 250 of the Income Tax Act, 1961 (in short “the Act”), dated 23.01.2025, for the Assessment Year 2017-18, which in turn arises from the assessment order u/s 143(3) of the Act, dated 19.12.2019 passed by Assistant Commissioner of Income Tax, DC/ACIT-2(1), Bilaspur, (in short “Ld. AR”). 2 Spin Packaging Ltd. Vs. DCIT/ACIT-2(1), Bilaspur

XANDER FINANCE PVT. LTD., MUMBAI,MUMBAI vs. ACIT, CIRCLE-1(1), RAIPUR, RAIPUR

ITA 549/RPR/2024[2019-20]Status: DisposedITAT Raipur31 Jan 2025AY 2019-20

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 549/Rpr/2024 ("नधा"रण वष" Assessment Year: 2019-20)

For Appellant: Shri Ravi Agrawal, CAFor Respondent: Smt. Taranuum Verma, Sr. DR
Section 143(1)Section 154Section 205Section 234Section 234BSection 250

section 205 r.w.s. 201 of the Income Tax Act, the default is on the part of deductor for which there are sufficient provisions in Income Tax Act to recover the TDS amount from the persons who as deducted it. The assessee, therefore, should not be penalized for the act of deductors. Ld. AR placed his reliance on the following judgments

GRAMIN SEWA SAHAKARI SAMITI, BHAKHARA,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 338/RPR/2023[2015-16]Status: DisposedITAT Raipur05 Dec 2023AY 2015-16

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P

GRAMIN SEWA SAHAKARI SAMITI, BHAKHARA,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 339/RPR/2023[2016-17]Status: DisposedITAT Raipur05 Dec 2023AY 2016-17

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P

GRAMIN SEWA SAHAKARI SAMITI, DONAR,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 340/RPR/2023[2011-12]Status: DisposedITAT Raipur05 Dec 2023AY 2011-12

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P

GRAMIN SEWA SAHAKARI SAMITI, DONAR,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 341/RPR/2023[2015-16]Status: DisposedITAT Raipur05 Dec 2023AY 2015-16

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P

GRAMIN SEWA SAHAKARI SAMITI, BHENDRI,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 328/RPR/2023[2014-15]Status: DisposedITAT Raipur05 Dec 2023AY 2014-15

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P

GRAMIN SEWA SAHAKARI SAMITI, BHENDRI ,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 329/RPR/2023[2015-16]Status: DisposedITAT Raipur05 Dec 2023AY 2015-16

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P

GRAMIN SEWA SAHAKARI SAMITI, KODEBOD,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 330/RPR/2023[2015-16]Status: DisposedITAT Raipur05 Dec 2023AY 2015-16

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P

GRAMIN SEWA SAHAKARI SAMITI, KODEBOD,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 331/RPR/2023[2018-19]Status: DisposedITAT Raipur05 Dec 2023AY 2018-19

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P

GRAMIN SEWA SAHAKARI SAMITI, DOMA,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 332/RPR/2023[2013-14]Status: DisposedITAT Raipur05 Dec 2023AY 2013-14

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P

GRAMIN SEWA SAHAKARI SAMITI, DOMA,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 333/RPR/2023[2014-15]Status: DisposedITAT Raipur05 Dec 2023AY 2014-15

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P

GRAMIN SEWA SAHAKARI SAMITI, DOMA,DHAMTARI vs. INCOME TAX OFFICER, DHAMTARI, DHAMTARI

In the result, the appeal of the assessee society in ITA No

ITA 334/RPR/2023[2015-16]Status: DisposedITAT Raipur05 Dec 2023AY 2015-16

Bench: Shri Ravish Sood

For Appellant: Shri Rakesh Dhody, CAFor Respondent: Shri Saty
Section 143(3)Section 80PSection 80P(2)

disallowing the deduction u/s80P(2) of other income including dividend income of Rs.7,15,444/ and membership fees/entry fees income of Rs.285/ totaling to Rs. 7,15,729/. The learned AO has only allowed dividend income of Rs.1,53,238/ as exempt and the entire amount of Rs 5,62,206/ which is clearly eligible for the deduction u/s80P