Section 10A and related deductions: Tribunal rejects separate-undertaking claim, but allows loss set-off, ESOP cost and foreign tax credit in principl...
A donor claiming weighted deduction for payment to an approved scientific research institution was held entitled to relief where the only basis for disallowance was uncorroborated third-party material about alleged wrongdoing by a donee employee. The Tribunal found that payment was made through banking channels, the donation was duly receipted, and approval under section 35(1)(ii) was on record. It held that the donor was not required to prove actual end-use of the funds once payment to an approved institution was established, and that alleged internal irregularities at the donee could not defeat the claim absent proof of nexus, complicity, sham, or return of funds. The disallowance was deleted.
A donor claiming weighted deduction for payment to an approved scientific research institution was held entitled to relief where the only basis for disallowance was uncorroborated third-party material about alleged wrongdoing by a donee employee. The Tribunal found that payment was made through banking channels, the donation was duly receipted, and approval under section 35(1)(ii) was on record. It held that the donor was not required to prove actual end-use of the funds once payment to an approved institution was established, and that alleged internal irregularities at the donee could not defeat the claim absent proof of nexus, complicity, sham, or return of funds. The disallowance was deleted.
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