1982 (10) TMI 61

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....dated 13-11-1980 of the Commissioner (Appeals), relating to the assessment year 1975-76, the previous year of which ended on 31-3-1975. 2. The only ground taken in this appeal states that the Commissioner (Appeals) erred in allowing the deduction under section 80G of the Income-tax Act, 1961 ('the Act'), on a donation made in kind. 3. The assessee is a limited company. During the previous ye....

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..... He also observed that the donation need not have come out of income assessed during the relevant assessment year. Under the circumstances, he directed the ITO to allow the relief under section 80G after proper verification. 5. Shri D. R. Chawla, the learned representative for the department, urged that the learned Commissioner (Appeals) erred in his decision. He stated that relief under secti....

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.... find force in the contentions raised for the assessee. We do not find any condition in section 80G to the effect that the donation must have come out of the income assessed during the year. Section 80G(2) merely says that any sum paid by the assessee in the previous year, as donation would qualify for relief if the other conditions are satisfied. It does not further say that the amount should com....