Case Law Details
Brief of the Case
ITAT Chandigarh held In the case of DCIT vs. M/s Indo Soviet Friendship that the Assessing Officer has not brought any material on record as to how he has given his finding that the cars have been purchased for the benefit of the Chairman. The Assessing Officer was also not justified in holding that the assessee trust has no requirement to maintain luxury car. The expenses should be considered from the point of view of the assessee and not for the point of view of the Assessing Officer. In the absence of any material brought on record against the assessee, the order of the Assessing Officer could not be sustained. Further, it is not in dispute that Shri Anoop to visit various Government Departments in connection with the activities of the assessee trust. No incriminating material was found during the course of search if the Chairman has used the cars for personal purposes. Therefore, it appears that addition has been made wholly on adhoc basis which could not be sustained in law.
Facts of the Case
A search & seizure operation was conducted on 15.07.2008 at the residence and office premises at individual and group of concerns of M/s B.R. Institute of Medical Sciences. The assessee society is granted registration under section 12AA on 06.06.1997.
ITA 478/2013
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