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TMI Blog2013 (8) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... nishing the amount through account payee cheques, their being PAN holders and their assessment to tax has not been rebutted by the revenue before the Tribunal, we do not find reason to interfere with the first appellate in this regard, merely because the assessee could not produce these donors before the Assessing Officer or they were not found at their given addresses during the proceeding before the authorities below. It is accordingly upheld. - Decided against revenue - I.T.A. Nos. 2592/Del/2012 (Cross Objection No. 280/Del/2012) - - - Dated:- 30-8-2013 - I. C. Sudhir (Judicial Member) And Shamim Yahya (Accountant Member) For the Petitioner : Sameer Sharma For the Respondent : Ashwani Taneja ORDER I. C. Sudhir (Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Income-tax (E) (2011) 335 ITR 575 (Guj.); iv) ACIT Vs. Geetanjali Education Society (2008) 114 (Jodhpur) 697;ideal Education and Welfare Soceity Vs. ACIT (I.T.A. NO.1376/D/2011 (A.Y. 2006-07) order dated 14.10.2011. 2.2 Having gone through the orders of the authorities below, we find that the Assessing Officer made addition of ₹ 10,83,000/- u/s 68 of the Act. Since the assessee failed to establish the genuineness of the claimed corpus donation, in the remand proceeding also as the assessee could not produce the donors M/s Lab Tronics Overseas Pvt. Ltd. and M/s Rabik Exports Ltd. despite opportunities, the Assessing Officer justified the addition. The learned CIT(A) after discussing the case of the assessee in detail has dele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for charitable purposes and furnishing of list of donors along with their identity by furnishing the amount through account payee cheques, their being PAN holders and their assessment to tax has not been rebutted by the revenue before the Tribunal, we do not find reason to interfere with the first appellate in this regard, merely because the assessee could not produce these donors before the Assessing Officer or they were not found at their given addresses during the proceeding before the authorities below. It is accordingly upheld. Grounds are accordingly rejected. 2.3 Consequently, the appeal is dismissed. Cross Objection No. 280/D/2012 3. Since during the course of hearing before the Tribunal, the assessee has not raised the cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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