Axiomatic iTech Pvt. Ltd. Vs ITO (ITAT Ahmedabad)
545-Day Delay Condoned: ITAT Revives Donation Deduction Appeal for IT Services Firm
Description: The ITAT Ahmedabad condoned a 545-day delay in filing an appeal, accepting that the lapse by the previous tax consultant was a sufficient cause. This decision revives the assessee’s claim for a ₹43.75 lakh weighted deduction under Section 35(1)(ii) for a scientific research donation.
Natural Justice Prevails: Donation Deduction Restored to CIT(A) After Ex Parte Dismissal
Description: The Tribunal set aside the CIT(A)’s ex parte dismissal, ruling that the assessee must be given an adequate opportunity to rebut findings of bogus donation entries and a retrospective rescission of approval. The matter was remanded for a de novo decision, emphasizing the principles of natural justice.
Research Donation Dispute: ITAT Remands Section 35(1)(ii) Claim Despite Retrospective Approval Withdrawal
Description: This ruling sends the deduction claim back to the CIT(A) for fresh consideration, directing the appellate authority to review the statutory Explanation to Section 35(1)(ii). The key issue is whether the deduction can be denied when the donation was made while the research institute’s approval was still valid, despite later retrospective withdrawal.
Consultant’s Lapse Accepted: ITAT Restores Appeal, Citing Liberal Approach to Limitation Period
