2015 (11) TMI 1829 - AT - Income Tax

Assessment of trust - Anonymous donations u/s. 115BBC - failure on the part of the donors to file confirmation; in response to the notice issued u/s.133(6) - HELD THAT - In the present case it is an admitted fact that the assessee is registered u/s 12AA of the Act and its income is exempt u/s 11 - AO while framing the original assessment vide order dated 31.03.2011 categorically stated that the activities of the assessee are charitable within the meaning of Section 2(15) of the Act and there was no change in the aims and objects of the assessee as compared to the earlier years. As the assessee is established for religious and charitable purposes and the anonymous donation was not received with specific direction that such donation is for any university or other educational institution or any hospital or other medical institution run by the assessee trust. Therefore, the AO was not justified in making the addition by invoking the provisions of Section 115BBC(1) of the Act and the ld. CIT(A) rightly deleted the said addition in view of the provisions of Section 115BBC(2)(b) - Decided against revenue.

Summary

Issues:
1. Interpretation of provisions of Section 115BC(2)(b) regarding trust for religious and charitable purposes.
2. Applicability of Section 115BBC(1) to a charitable trust receiving anonymous donations.
3. Consideration of provisions of Section 115BBC(2)(b) in relation to anonymous donations received by a trust established for religious purposes.

Issue 1:
The appeal involved the interpretation of Section 115BC(2)(b) concerning the creation or establishment of a trust wholly for religious and charitable purposes. The department contested that the trust in question should fall under this provision.

Analysis:
The department argued that the trust should meet the criteria of being established wholly for religious and charitable purposes as per Section 115BC(2)(b). However, the appellate tribunal considered the nature of the trust's activities, which included running charitable dispensaries, educational institutions, and Sangeet Kala Kendras. The tribunal found that the trust's activities aligned with the provisions of Section 115BBC(1), which was deemed fully applicable in this case.

Issue 2:
The dispute revolved around the applicability of Section 115BBC(1) to a charitable trust that received anonymous donations. The Assessing Officer (AO) invoked this section to add a specific amount credited by the trust under the head 'Donation Golak.'

Analysis:
The AO added the amount under Section 115BBC(1) due to it being considered an anonymous donation. However, the trust contended that it was exempt as a religious and charitable trust, falling under Section 115BBC(2)(b). The Commissioner of Income Tax (Appeals) agreed with the trust, noting that provisions of Section 115BBC(1) did not apply to anonymous donations received by trusts established wholly for religious purposes.

Issue 3:
The final issue dealt with the consideration of Section 115BBC(2)(b) in the context of anonymous donations received by a trust created for religious purposes. The department argued that the anonymous donations received should be included based on the provisions of Section 115BBC(1).

Analysis:
The tribunal analyzed the provisions of Section 115BBC, emphasizing that Section 115BBC(2) exempts trusts or institutions established wholly for religious purposes from the application of Section 115BBC(1). Since the trust in question was established for religious and charitable purposes and did not receive anonymous donations with specific directions, the tribunal upheld the deletion of the addition made by the AO under Section 115BBC(1).

In conclusion, the appellate tribunal dismissed the department's appeal, affirming that the trust, established for religious and charitable purposes, was not subject to the provisions of Section 115BBC(1) regarding anonymous donations. The tribunal upheld the decision of the Commissioner of Income Tax (Appeals) in deleting the addition made by the AO, as the trust fell under the exemption provided in Section 115BBC(2)(b).