- (1.) Heard Sri Alok Mathur, learned counsel for appellant and perused the record.
(2.) This appeal under Section 260A of Income Tax Act, 1961 (hereinafter referred to as the "Act, 1961") has arisen from judgment and order dated 23.04.2015 passed by Income Tax Appellate Tribunal, Lucknow Bench "A", Lucknow (hereinafter referred to as the "Tribunal") in ITA No. 573/Lko/2013, dismissing Revenue's appeal and confirming order of Commissioner of Income Tax (Appeal) [hereinafter referred to as the "CIT(A)] with regard to donation of certain funds for charitable purposes by Assessee and holding that it was not in violation of Section 11(2) of Act, 1961.
(3.) Learned counsel appearing for Revenue contended that in assessment year in question there was no surplus income hence benefit of any donation could not have been claimed in view of Section 11(2), Explanation.;