Case Law Details
JCIT Vs Shree Ganesh Construction (ITAT Ahmedabad)
It is observed that even though the original receipt for payment of donation of Rs.50,000/- made to Chief Minister Kanya Kelvani Nidhi was not produced by the assessee as the same was lost or misplaced, sufficient evidence was produced by the assessee to support and substantiate its claim of having paid the said donation. As noted by the Ld.CIT(A) in his impugned order, the said evidence was sufficient to verify the claim of the assessee regarding payment of donation of Rs.50,000/- to Chief Minister Kanya Kelvani Nidhi. Even the donation receipt issued by the Executive Engineer Panchayat Department Dahod evidencing payment of donation was produced by the assessee. Keeping in view these details and documents furnished by the assessee to support and substantiate its claim of donation of Rs.50,000/-paid to Chief Minister Kanya Kelvani Nidhi, the Ld.CIT(A), in our opinion, has rightly deleted the disallowance of assessee’s claim for deduction u/s.80G of the Act made by the Assessing Officer. We, therefore, uphold the impugned order of the Ld.CIT(A) deleting the disallowance made by the Assessing Officer on account of assessee’s claim for deduction u/s.80G of the Act
FULL TEXT OF THE ORDER OF ITAT AHMEDABAD
This appeal is preferred by the Revenue against the order of Ld. Commissioner of Income-tax (Appeals)-10, Ahmedabad [CIT(A)] dated 10th December-2015.
2. In ground No.1, the Revenue has challenged the action of the Ld.CIT(A) in deleting the addition of Rs.2,88,85,846/- made by the Assessing Officer u/s.68 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) on account of unsecured loans by treating the same as unexplained cash credit.
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