2021 (5) TMI 794 - AT - Income Tax

Disallowance u/s 80GGA -donation made to Navjivan Charitable Trust agreeing with the AO that the donation was bogus - discharge of anus by assessee - HELD THAT - As assessee had given donation on 21/06/2004 against valid receipt issued by the Trust. The donation was made through cheque which got cleared from assessee s bank account. The assessee was issued requisite Form No.58A by the trust. The trust had valid registration at the time of making of donation. The approval was withdrawn only subsequently vide notification dated 30/11/2016. Further, it is evident from the assessment order that the deduction has been denied to the assessee only in the basis of allegations that the donations were bogus donations and the amount so donated has flown back to the assessee. Except for statement of trustee of the society, we find that there is no positive evidence on record to substantiate the same. There is nothing on record which would show that on the date of donation, the trust did not have valid registration or its registration stood withdrawn. It was only subsequently that the approval was withdrawn. The deduction could not be denied to the assessee since Ld. AO failed to conduct any inquiry before making disallowance and except for mere allegations, he did not brought on record any fact to establish that donation given by the assessee was subsequently returned back in cash. The assessee, in our opinion, has duly discharged the onus casted upon him and it was incumbent upon Ld. AO to refute the same. As no such inquiry has been conducted and the deduction has been denied more on mere allegations. Therefore, the deduction could not be denied to the assessee - we direct Ld. AO to grant the deduction u/s 80GGA and re-compute assessee s income. - Decided in favour of assessee.

Summary

Issues:
- Disallowance of deduction under section 80GGA for donation made to Navjivan Charitable Trust.
- Failure to establish that the appellant was a beneficiary of a scheme of bogus donation.
- Denial of the appellant's right to be given a copy of the statement relied upon by the Revenue.

Analysis:
1. The appeal pertains to the disallowance of a deduction under section 80GGA for a donation made to Navjivan Charitable Trust. The assessee contested the order of the Commissioner of Income-Tax (Appeals) which confirmed the disallowance of the claim, agreeing with the Assessing Officer that the donation was bogus. The assessee argued that the evidence did not establish their involvement in a scheme of bogus donation. The Tribunal noted that the assessee's claim was based on donations made through cheques against valid receipts, and the trust had valid registration at the time of donation. The deduction was denied solely on the basis of allegations without concrete evidence. The Tribunal held that the onus was on the Assessing Officer to conduct an inquiry and refute the evidence provided by the assessee. As there was no substantial evidence to prove the donations were returned in cash, the deduction could not be denied to the assessee. The Tribunal referred to a similar case where the disallowance was deleted, and based on that precedent, directed the Assessing Officer to grant the deduction and re-compute the assessee's income.

2. The second issue raised was the failure to establish that the appellant was a beneficiary of a scheme of bogus donation. The assessee argued that there was no substantiated statement proving their receipt of cash back from the trust. Despite the lack of concrete evidence linking the appellant to the alleged scheme, the Commissioner of Income-Tax (Appeals) upheld the disallowance based on search findings. The Tribunal, after reviewing the documents, found that the assessee had fulfilled all requirements for claiming the deduction under section 80GGA. The Tribunal emphasized that the denial of the deduction was unfounded and lacked proper inquiry by the Assessing Officer. Therefore, the Tribunal allowed the appeal and directed the Assessing Officer to grant the deduction.

3. The third issue highlighted the denial of the appellant's right to be given a copy of the statement relied upon by the Revenue. The appellant contended that the statement contained a generalized orientation and insisted on receiving a copy. The Tribunal did not delve deeply into this issue in the judgment but focused on the substantive matters related to the disallowance of the deduction under section 80GGA. Ultimately, the Tribunal's decision to allow the appeal and direct the Assessing Officer to grant the deduction rendered this particular issue moot in the context of the judgment.

In conclusion, the Appellate Tribunal, in its detailed analysis, overturned the decision of the lower authorities and directed the Assessing Officer to allow the deduction under section 80GGA for the donation made to Navjivan Charitable Trust, emphasizing the lack of concrete evidence supporting the disallowance and the importance of conducting proper inquiries before denying legitimate claims.