2016 (9) TMI 1399 - HC - Income Tax

Anonymous donation as provided U/s. 115(BBC) r/w Section 68 - Held that - Questions No. 1 and 2 does not arise since Section 115 (BBC) itself was inserted in the Income Tax Act 1961 w.e.f. 01.04.2007 and assessment year in question is 2007-08. Addition u/s 68 on account of unexplained corpus donation - Held that - It could not be disputed that same is covered by Supreme Court s judgment in Sargam Cinema Vs. Commissioner of Income Tax (2009 (10) TMI 569 - Supreme Court of India ) wherein similar question has been answered in favour of Assessee.

Summary

Issues involved:
Interpretation of the definition of anonymous donation under Section 115(BBC) r/w Section 68, Ignoring the definition of corpus donation under Section 11-1D, Application of res judicata in tax proceedings, Deletion of corpus donation by the Assessing Officer under Section 68, Proof of identity, genuineness, and creditworthiness of donors, Genuine activities of the society, Adjudication of issues raised in the appeal.

Interpretation of the definition of anonymous donation under Section 115(BBC) r/w Section 68:
The appeal raised questions regarding the interpretation of the definition of anonymous donation under Section 115(BBC) in relation to the assessee's mention of corpus donations without substantiating them with evidence. The court considered whether the ITAT erred in law by not maintaining records of the identity of the contributors, as required by the definition. However, it was noted that Section 115(BBC) was inserted after the assessment year in question, rendering the issue irrelevant.

Ignoring the definition of corpus donation under Section 11-1D:
The court examined whether the ITAT erred in ignoring the definition of corpus donation under Section 11-1D, which necessitates voluntary contributions with specific directions to form part of the trust's corpus. The question was raised concerning the fulfillment of the conditions of voluntary contribution and specific direction in the case. The court found that similar issues had been addressed in a previous judgment between the same parties, where the questions were resolved in favor of the assessee.

Application of res judicata in tax proceedings:
Regarding the application of res judicata in tax proceedings, the court referenced a previous judgment between the parties, where similar questions had been decided in favor of the assessee. Consequently, the court held that the principle of res judicata applied, and the appeal was resolved in favor of the assessee based on the previous judgment.

Deletion of corpus donation by the Assessing Officer under Section 68:
The court considered the deletion of corpus donation by the Assessing Officer under Section 68 on the grounds of unexplained corpus donation. It was argued that the assessee failed to provide written or oral confirmation of the alleged donors. However, the court found that the ITAT had already addressed similar issues in a previous judgment, ruling in favor of the assessee.

Proof of identity, genuineness, and creditworthiness of donors:
The court evaluated whether the ITAT erred in deleting the corpus donation without the assessee proving the identity, genuineness, and creditworthiness of the donors. It was concluded that the ITAT's decision was consistent with a previous judgment and that the issues had been adequately addressed in the earlier ruling.

Genuine activities of the society:
The court examined whether the ITAT erred in deleting the corpus donation based on the genuineness of the society's activities and compliance with its stated objectives. The court found that the ITAT's decision was in line with the previous judgment and that the issues raised had already been settled in favor of the assessee.

Adjudication of issues raised in the appeal:
Lastly, the court considered whether the ITAT erred in deleting the corpus donation without adjudicating the issues raised by the department in the appeal. It was noted that the Supreme Court had addressed a similar issue in a previous judgment, ruling in favor of the assessee. Consequently, the court resolved the question against the revenue and in favor of the assessee, ultimately dismissing the appeal for lacking merit.