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2024 (3) TMI 522

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....assessee at the time of hearing, and it is noticed by us that the assessee has remained unrepresented throughout the proceedings before the Tribunal. It is pertinent to note the sequence of events. 3. The appeal, presented before the Tribunal by the assessee on 11.4.2022, was listed for hearing on 20-03-23 when none appeared for the assessee and the case was adjourned. It came up next for hearing on 10.5.2023 and following a request for adjournment by the assessee, the case was rescheduled for 13.6.2023, 28.6.2023, 03-08- 23 & 30.8.2023 when the Bench did not function. Subsequently, on 4.10.2023 when the matter came up for hearing none appeared for the assessee. On 6.11.2023, when the matter was once again slated for hearing, the assessee&....

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....ount of donation being Rs. 1,25,00,000/- and weighted deduction allowable and claimed on the same amounting to Rs. 93,75,000/-. Thus, resulting in total deduction claimed by the assessee, which was denied concurrently both by the AO and the ld.CIT(A), amounting to Rs. 2,18,75,000/-. The assessee has also raised the issue of the denial of this deduction of donation of Rs. 1.25 Crs while computing its Books Profits for the purposes of paying taxes thereon in accordance with the provisions of section 115JB of the Act, thus increasing its Book Profits to the said extent. 6. We have gone through the orders of the authorities below with the assistance of the ld.DR and we have noted that the impugned claim of the assessee to the weighted deductio....

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....brought out by the assessee before it, to contradict what was pointed out by the CBDT regarding fraudulent manner in which the donations were collected by the Research Trust, claiming to be approved under section 35(1)(ii) of the Act. The ld.CIT(A) also noted that identical issue had come up for consideration before the ITAT, Chennai Bench in the case of DCIT Vs. Sudhakar Natarajan in ITA No.2205/Chny/2015 wherein denial of weighted deduction under section 35(1)(ii) of the Act on identical donation made to the same institute, Shri Arvindo Institute of Applied Scientific Research Trust after the approval had expired, was upheld by the Tribunal vide order dated 24.5.2019. 8. Before us, there was nothing to contradict the adverse findings of ....