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2012 (7) TMI 398 - ITAT DELHIAddition on account of unexplained cash found at the time of search – Held that:- Trustee, has stated that part of the money was belonging to the assessee trust - cash was from the available balance in the books of the account of the assessee - allegation of the manipulation in the cash book could not be established - Simply stating that there may be possibility of manipulation in the cash books cannot be made sole basis for making the addition – addition deleted – In favor of assessee Deletion made on the basis of Annexure A-47 – alleged that amount appearing in Annexure A-47 are not appearing in the books of account of the assessee – Held that:- Documents seized as Annexure A- 47 is a daybook - daybooks show cash entries of four institutions run by Trust and in fact these are division of assessee’s Trust itself - AR was able to demonstrate and to show us the various entries found in the Annexure A-47 are also reflected in the cash book of various institutions run by the assessee - CIT (A) has rightly deleted the addition – In favor of assessee Addition made on account of corporate donation received - AO disallowed exemption u/s 11(2) of the Act on the ground that registration of the society u/s 12AA of the Act has been cancelled – Held that:- Addition was based on the cancellation of the assessee trust u/s 12AA and denying the exemption u/s 11 of the Act - appeal of the assessee for granting the registration allowed, therefore, addition deleted - assessee is allowed. Cancellation of registration granted to the assessee trust for the purpose of exemption u/s 12AA - alleged that activities of the trust are not genuine and charitable – unaccounted cash found and seized from the residence of trustees of assessee – Held that:- Revenue’s appeal dismissed by confirming the relief granted to assessee - unexplained cash transfer entry has been also decided in favour of the assessee - all the issues on which registration was cancelled did not survive - CIT has found the trust and its activities as genuine and the objectives have been found charitable - assessee has been granted registration again Denial of approval of exemption u/s 80G - on the basis of the cancellation of registration of the assessee trust u/s 12AA – Held that:- Assessee’s appeal against the cancellation of registration allowed, therefore - CIT directed to grant the exemption u/s 80G
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