1993 (6) TMI 13

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....der section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following question at the instance of the Revenue : "Whether, on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the assessee is entitled to weighted deduction under section 35(2A) in respect of the donations of Rs. 15 lakhs given in the calendar y....

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....ernment of India (the prescribed authority), for approval of as many as 23 research programmes to be undertaken by the university to utilise the above grant of Rs. 15 lakhs. The prescribed authority, vide communication dated December 9, 1975, approved 20 out of 23 projects submitted for approval. The assessee had claimed weighted deduction under section 35(2A) in respect of the donation of Rs. ....

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....rtains to additional benefit. It provides that if a donation is made to the approved body for a programme of scientific research which is also approved by the prescribed authority having regard to the social, economic and industrial needs of India, then the deduction would be of a sum equal to 1 1/3 (one and one-third) times the sum paid, subject to a condition that the donor would not be entitled....

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....na have been approved by the "prescribed authority", vide memorandum dated December 9, 1975. The resolution passed by the executive council of the University dated March 13, 1976, clearly indicates that the donations given would be utilised only in the 20 approved schemes. The question, in this background, is whether the benefit of additional 1 1/3 (one and one-third) deduction could be denied ....