Case Law Details
Krupa Trading Co. Vs ITO (Madras High Court)
It is stated by the appellant that the donation for a sum of Rs.1,00,000/- was made to M/s.Herbicure Healthcare Bio-herbal Research Foundation, Calcutta which is proved by the receipt given by the said organization and the same was acknowledged. When the donation was made, the approval given by the Central Government to the Kolkatta Trust is found to be valid. In this circumstances, the Tribunal found that the donation made by the appellant in favour of M/s.Herbicure Healthcare Bio-herbal Research Foundation would attract exemption under explanation to Section 35(1)(ii) of the Income Tax Act.
Having given a finding that the appellant is entitled to exemption, the Tribunal went further and based on sworn statement of founder director of M/s.Herbicure Healthcare Bio-herbal Research Foundation that the organization returned the donation to the assessee, thought it fit to remand the matter to ascertain the means of the assessee and the actual amount paid by the assessee and decide the issue afresh after affording sufficient opportunities to the assessee.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
(Judgment of the Court was delivered by N.KIRUBAKARAN, J)
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