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TMI Blog2019 (6) TMI 1476X X X X Extracts X X X X X X X X Extracts X X X X ..... s before the AO, evidences in the in the form of E-mails were filed before the Ld. CIT (A) and these E-mails are dated December 2011 onwards. Copies of these E-mails have been placed in the Paper Book filed by the assessee and it has been mentioned in these E-mails that the donor Mr. Natubhai Bhavsar and his wife Janet have, through the good offices of M/s Helena Kaushik Women s College, transferred the amount for the purpose of furtherance of construction of Girls Hostel by the assessee trust that is Shri Gujarat Bhavsar Samaj. Most of the E-mails have jointly been sent by Mr. Natubhai Bhavsar and his wife Janet. It is also undisputed that the amount of deduction had been transferred by M/s Helena Kaushik Women s College to the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persons coming to Ahmedabad for medical treatment. 2.1 The return of income was filed for the relevant assessment year declaring total income at NIL. The case was selected for scrutiny and during the course of assessment proceedings, the AO observed that the assessee trust had received ₹ 47,50,000/- towards Girls Chhatralaya Construction Fund which the assessee had treated as corpus donation received during the year. The assessee trust was required to furnish the name and address of the donor and the directions, if any, issued by the donor so as to treat the donations of ₹ 47,50,000/- as corpus donation. It was submitted by the assessee trust that the assessee trust had received donation of ₹ 50,00,000/- from Shri Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k Education Foundation at USA for necessary guidance to remit the funds in India to the trust for the purpose for establishing the hostel for women s education. It was further submitted that the trustee of Helena Kaushik Education Foundation had informed Mr. Natubhai Bhavsar that Helena Kaushik Education Foundation could help in receiving donation in USA and in sending the fund to M/s. Helena Kaushik Women s College at Rajasthan as it was having the necessary permission to receive foreign funds and which in turn could be transferred to the assessee trust through banking channels. The assessee also submitted various correspondence/s in this regard before the Ld. CIT (A) and submitted that in view of the correspondence/s the foreign funds whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n law and on facts in not giving any direction to AO to grant deduction on account of the amount applied for the object of the trust i.e. construction of Girls Chhatralaya which is evident from the audit report for the year under consideration. 3.0 The Ld. Authorised Representative (AR) reiterated the submissions as were made before the Ld. CIT (A). He drew our attention to the copies of e-mails placed in the paper book and highlighted the fact that it was implicit in the said e-mails that the donation was being made for the purpose of building a girls hostel. It was prayed that the assessee s appeal be allowed. 4.0 In response, the Ld. Sr. DR placed extensive reliance on the findings and observations of the Ld. CIT (A) as wel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Paper Book filed by the assessee and it has been mentioned in these E-mails that the donor Mr. Natubhai Bhavsar and his wife Janet have, through the good offices of M/s Helena Kaushik Women s College, transferred the amount for the purpose of furtherance of construction of Girls Hostel by the assessee trust that is Shri Gujarat Bhavsar Samaj. Most of the E-mails have jointly been sent by Mr. Natubhai Bhavsar and his wife Janet. It is also undisputed that the amount of deduction had been transferred by M/s Helena Kaushik Women s College to the assessee trust through banking channels. We have also perused the remand report of the AO which also states that no further verification was required in this regard. Therefore, in view of the peculi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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