1987 (10) TMI 124

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....ded on 31-12-1980. It filed return of income declaring gross total income of Rs. 5,77,053 before claiming deduction under section 80G of Rs. 30,000 being 50 per cent of the donation of Rs. 60,000 and deduction under section 80M. The income tax officer restricted the claim to Rs. 57,705 less deduction allowed under section 80M of the IT act 1961, namely, Rs. 1,39,180. Therefore, he held that there was no deduction admissible under section 80G. 3. According to the assessee the gross total income is to be reduced by the deduction under section 80M only on that balance 10 per cent should be taken of which 50 per cent is to be allowed as a deduction section 80G. 4. On appeal the assessee's counsel reiterated this ground and relied on notes in ....

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....       Less   Gross dividends entitled              to deduction under section 80M               2,31,868                                                           --------                   &nbsp....

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....hich is favorable to the assessee must be accepted while construing the provisions of a taxing statute. 6. The learned Departmental Representative, on the other hand, supported the orders of the authorities. However, he laid emphasis on the phrase by any amount in respect of which'to argue that the amount meant only a gross amount in respect of which the assessee was entitled to deduction under any other provisions of this chapter. The Legislature meant significance for the words used in the statute. Therefore, he urged that the order of the CIT(A) does not require any interference. 7. We have duly considered the rival submissions. After due consideration we are on the opinion that the words sums or amount appearing in section 80G, all re....