2002 (7) TMI 59 - HC - Income Tax

The Assessing Officer had disallowed exemption to the assessee-trust under section 11 of the Act mainly on the ground that the assessee had failed to prove the genuineness of the donations received by it from various persons, inasmuch as the donors were not produced for examination. - While allowing the assessee s appeal against the said order by the Assessing Officer and directing the Assessing Officer to grant exemption to the assessee under section 11 of the Act, the Commissioner of Income-tax (Appeals) has dealt with all the subject donations and has recorded a categorical finding that all the relevant details, including the addresses of the donors were furnished to the Assessing Officer. In fact, the Commissioner has also recorded that the details of the cheques issued by the donors towards the corpus along with permanent account numbers were furnished but for the reasons best known to the Assessing Officer these facts were not taken note of in the assessment order. The Tribunal, by the impugned order, has upheld these findings recorded by the Tribunal.

Summary

The High Court of Delhi dismissed an appeal under section 260A of the Income-tax Act, 1961, regarding the disallowance of exemption to an assessee-trust for the assessment year 1992-93. The Assessing Officer disallowed the exemption due to lack of proof of the genuineness of donations received. The Commissioner of Income-tax (Appeals) found that all relevant details were furnished to the Assessing Officer, including donor information, but were not considered in the assessment order. The Tribunal upheld these findings as pure findings of fact, leading to the dismissal of the appeal.