2019 (6) TMI 1574

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..... n. The same has been paid by banking channel. There is no evidence on record that the same amount has been received back by the assessee from the said charitable trust. In these circumstances in this addition is solely based on surmise and conjecture and not sustainable in law. Assessee s appeal stands allowed. - I.T.A. No. 7143/Mum/2018 And I.T.A. No. 6628/Mum/2018 - - - Dated:- 12-6-2019 - .....

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..... opened the assessment of the assessee. It was held that assessee has given donation to the said concern which was not genuine. Initially one of the director s of the firm accepted the same to be bogus. However later on the same was retracted. However the assessing officer relying upon the finding of the investigation wing in the case of the said charitable trust made the impugned addition of ͅ .....

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..... tion. The same has been paid by banking channel. There is no evidence on record that the same amount has been received back by the assessee from the said charitable trust. In these circumstances in my considered opinion this addition is solely based on surmise and conjecture and not sustainable in law. Accordingly I set aside the order s of authorities below and delete the addition. 5. In the r .....

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