2011 (2) TMI 160 - HC - Income Tax

High Court remands appeal on Income Tax Act rebate for donation to Kurukshetra Development Board

The High Court remanded the appeal under section 260A of the Income Tax Act regarding rebate under section 80G for donation to the Kurukshetra Development ... Dis-allowance - Rebate u/s 80G - Donation made by the appellant to Kurukshetra Development Board but receipt was not filed either before the Assessing Officer or the CIT (Appeals) when it was not asked for by either of the authorities - Held that: identical issue in the case of the assessee arose in ITA No.268 of 2006 alongwith ITA No.157 of 2005 and vide order dated September 8, 2010, the matter was remanded to the Tribunal for fresh decision on merits in accordance with law after holding that evidence led by the assessee relating to the donation may be looked into - Thus , the appeal is disposed of. Issues:1. Appeal under section 260A of the Income Tax Act, 1961 regarding rebate under section 80G on donation made to Kurukshetra Development Board.Analysis:The judgment by the High Court of Punjab and Haryana involved the appeal of an assessee under section 260A of the Income Tax Act, 1961, against an order passed by the Income Tax Appellate Tribunal. The substantial questions of law raised in the appeal pertained to the denial of rebate under section 80G of the Act on a donation made by the appellant to the Kurukshetra Development Board. The key contention was the non-filing of the receipt before the Assessing Officer or the CIT (Appeals) and the subsequent justification for the denial of the rebate. The Tribunal's decision was challenged on the grounds of procedural irregularities and the failure to challenge the finding of the CIT (Appeals) regarding the non-filing of the receipt.The Court noted that a similar issue had arisen in a previous case involving the same assessee, which was remanded to the Tribunal for a fresh decision on merits in accordance with the law. Considering the precedent, the High Court set aside the impugned order of the Tribunal in the present case and remanded the matter for a fresh decision on merits. It was emphasized that the evidence presented by the assessee regarding the donation should be considered during the fresh decision-making process. The parties were directed to appear before the Tribunal for further proceedings on a specified date.In conclusion, the High Court disposed of the appeal by remanding the matter to the Tribunal for a fresh decision, ensuring that the merits of the case are considered in accordance with the law. The judgment highlighted the importance of procedural adherence and the need for a thorough examination of the evidence related to the donation in question.