9911796707
TMI Blog2019 (1) TMI 1482X X X X Extracts X X X X X X X X Extracts X X X X ..... ion so given. This information in case of the petitioner, refers to sum of ₹ 15 lakhs, allegedly donated by the petitioner to the said Trust. Thus, on the basis of such information supplied by the Investigation Wing is falsified upon perusal of the return filed by the assessee. We also notice that in the return the assessee had claimed to have paid the donation of ₹ 20 lakhs to one Scientific Research of Rural Development. However, the information supplied to the AO by the Investigation Wing does not even suggest that this Trust namely Scientific Research of Rural Development was a dubious Trust and the Investigation Wing had material to believe that the donors of this Trust were beneficiaries of the bogus entries. In the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the donors/beneficiaries in connivance with these institute with the active help of brokers, entry operator/billers were engaged in bogus donation syndicate and the donation were returned back to the donors in lieu of commission. 3. After investigation, the DDIT (Inv) Unit 4(1), Kolkata has forwarded the list of beneficiaries who had made bogus donation during the F.Y. 2010 11 (A.Y. 2011 12) from the trusts. The name of the above assessee appears in the list of bogus donations beneficiaries as mentioned below: Sr.No. Name of the assessee Name of the trust whom donation given Total donation given during AY 2011 12 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0) of the Act was made and the return of income was only processed u/s 143(1) of the Act. In view of the above, provisions of clause (b) of explanation 2 to section 147 are applicable to facts of this case and the assessment year under consideration is deemed to be a case where income chargeable to tax has escaped assessment. 3. Upon being supplied the reasons, the petitioner raised objections to the notice of reopening of assessment on 17 th August, 2018. Such objections were rejected by the Assessing Officer by an order dated 8th October, 2018. Hence, the petition. 4. Having heard learned counsel for the parties for final disposal of the petition, we notice that in the reasons recorded by the Assessing Officer has cited one groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this narrow scrutiny we have examined the reasons recorded by the Assessing Officer and other materials on record. The assessee points out that the reasons lack validity because during the period relevant to the assessment year in question, the assessee had not made any donation of ₹ 15 lakhs or for that matter of any amount at all to the said Trust. This is a fact which can be easily verified from the return filed by the petitioner. The counsel for the department was unable to dispute this aspect. We have also perused return of the assessee and find that in such return there was no claim of donation of ₹ 15 lakhs to the said Trust. In plain terms, therefore, the information supplied to the Assessing Officer by the Investigati ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
