Case Law Details
M/s. Power Max (India) Pvt. Ltd. Vs DCIT (ITAT Kolkata)
the assessee is a construction company executing the work at different sites. On these sites, different pujas and functions are performed for which the assessee has to give donations and subscriptions. Although this submission of the learned counsel for the assessee shows some nexus of the expenditure incurred by the assessee on donations and subscriptions to its business, it is observed that the claim of the assessee is not fully verifiable in the absence of the relevant details and supporting documentary evidence. In our opinion, it would, therefore, be fair and reasonable to allow the claim of the assessee on account of donations and subscriptions only to the extent of 50%. We accordingly modify the impugned order of the Ld. CIT(A) on this issue and restrict the disallowance on account of donations and subscriptions to 50%.
FULL TEXT OF THE ITAT JUDGMENT
This appeal filed by the assessee is directed against the order of Ld. CIT(A) – 18, Kolkata dated 19.12.2016.
2. At the time of hearing before the Tribunal, the learned counsel for the assessee has not pressed ground no 1 raised in the appeal of the assessee. It is also noted that ground no 4 raised by the assessee in this appeal in general which does not call for specific adjudication.
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