TaxTMI 
TaxTMI 
2021 (2) TMI 956
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.... for Assessment Year 2014- 15. 2. The matter relates to addition on account of disallowance under Section 35(1)((ii) of the Act to the tune of Rs. 26,50,000/- in relation to a claim of donation made to one School of Human Genetics & Population Health (SHG&PH) Kolkata on the ground that the said institution is engaged in providing entry and indulged in laundering unaccounted money of the appellant. The allegation leveled against the assessee is this that the assessee has accommodation entry in respect of donation of Rs. 15,00,000/- made to the School of Human Genetics & Population Health (SHG&PH) and they claimed Rs. 26,50,000/- under Section 35(1)(ii) of the Act whereupon a notice dated 20.02.2017 under Section 148 was issued. The appellan....
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....e us that the case is squarely covered by the Hon'ble Jurisdictional High Court in the case of PCIT vs. M/s. Thakkar Govindbhai Ganpatlal-HUF reported in Tax Appeal No. 881 of 2019 in case of an identical issue. Further that the issue is already been settled in favour of the assessee by the Ld. Tribunal of Mumbai Bench in ITA No. 2224/Mum/2019 for A.Y. 2014-15 in the case of M/s. Gujarat Agrochem Pvt. Ltd. vs. ACIT. Apart from that the Ld. Counsel appearing for the assessee relied upon the judgment passed by the Co-ordinate Bench in ITA No. 1149/Ahd/2018 in the matter of Bipin Prabhudas Shah-HUF vs. ITO for A.Y. 2014-15 wherein the identical issue has been decided in favour of the assessee were the donation was made to the same institution....
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....said institution as on 06.09.2016. 6. We have heard the respective parties and we have also perused the relevant materials available on record. 7. Upon perusal of the judicial pronouncement as relied upon by the Ld. Counsel appearing for the assessee it appears that the issue is squarely covered in favor of the assessee. While dealing with the issue the Coordinate Bench is observed as follows:- "6. We have also carefully considered the judgment passed by the Ld. Tribunal in ITA No. 2318/Ahd/2017 for A.Y. 2014-15, the relevant portion dealing with the issue is as follows:- "5. We have duly considered rival contentions and gone through the record carefully. In the case of S.G. Vat care P.Ltd. (Supra), the Tribunal has recorded the fol....
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....institute or not, which can avail donation from the society. 5. The ld. DR, on the other hand, contended that in the investigation it came to know about bogus affairs conducted by the donee. Hence, these donations are rightly been treated as bogus, and addition is rightly made. 6. We have duly considered rival contentions and gone through the record carefully. The AO is harping upon an information supplied by the survey tem of Calcutta. He has not specifically recorded statement of representatives of the donee. He has not brought on record a specific evidence wherein donee has deposed that donations received from the assessee was paid back in cash after deducting commission. On the basis of a general information collected from the don....