9911796707
TMI Blog2021 (2) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Income Tax (Appeal) has erred in law and on facts in addition of Rs. 3,94,80,000/- on account of anonyms donation u/s 115BBC. 2. The order of the Ld. Commissioner of Income Tax (Appeal) be cancelled and the order of the AO be restored." 2. Briefly stated the facts necessary for adjudication of the controversy at hand are : Assessee is a society registered with an object to open, run and manage schools, colleges and institutions for all types of education for all sections of the societies and in the rural areas, to carry out activities for the extension of knowledge in the field of medical science, dental science, computer science, engineering/information technologies, pharmacies, para-medical sciences, oral cancer and its awareness, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the ld. CIT (A) in para 7 at page 45 of the impugned order wherein AO has reached the conclusion that addition of Rs. 3,94,80,000/- under the head 'anonymous donation' u/s 115BBC of the Act has been rightly made but lost sight of the rejoinder filed by the assessee and reply filed thereto by the AO in para 11 at page 53 of the impugned order. 6. However, on the other hand, ld. AR for the assessee in order to repel the arguments addressed by the ld. DR for the Revenue contended that during appellate proceedings, the remand report was called to which rejoinder was filed by the assessee and thereafter reply to the rejoinder was filed and AO has verified the entire donations flagged in this case and nothing adverse was found and relied upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,000/- 3. M/s. Lineman Halfco (India) Ltd. Rs. 10,00,000/- 4. M/s. S. Tech Info Pvt. Ltd. Rs. 25,00,000/- 5. M/s. HCL Peripherals Ltd. Rs. 30,00,000/- 6. M/s. VIC Enterprises Pvt. Ltd. Rs. 50,00,000/- 7. Mathushi Fatamabai Karim Mistri Charitable Trust Rs. 10,00,000/- 8. Smt. Neera Bhatnagar Rs. 1,00,000/- 9. Mr. Deepak Kumar Jain Rs. 50,000/- 10. Mr. Shobit Gupta Rs. 30,000/- 11. Mr. Vijay Kumar Bansal Rs. 25,000/- 12. Sh. Bimal Dutt Sharma Rs. 25,000/- 13. Ram Kumar Agarwal Charitable trust Rs. 11,00,000/- 14. Mr. Isant Sharma Rs. 30,00,000/- 15. Mr. Deepak J. Parekh Rs. 23,00,000/- 16. Smt. Bandana Mishra Rs. 175,00,000/- 17. Institute of Business Studies & Research ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount, PAN particulars, address particulars S. Tech. Info(P) Ltd. 25,00,000/- Confirmation, PAN particulars, bank statements, address, resolution of the profit & loss account, copy of ITR. HCL Peripherals Ltd. 30,00,000/- Confirmation, PAN Particulars address, copy of ITR, balance sheet, profit & loss account VIC Enterprises P. Ltd. 50,00,000/- Confirmation, PAN Particulars , copy of ITR, balance sheet, profit & loss account Mthushi Fatmbai Karim Mistari Chart Trust 10,00,000/- Confirmation,PANParticul ars,bank statement, copy of ITR,address Neera Bahadur 1,00,000/- Confirmation, PAN particulars, copy of ITR Deepak Kumar 50,000/- Confirmation, PAN Particulars address, copy of ITR , copy of bank statement Shobh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s any voluntary contribution in respect of which record having identity (name & address of the donor along with other particulars as prescribed) has not been maintained. In this case, on the factual matrix it is noted that the appellant has maintained complete record giving identity of the donors (name & address) along with particulars of the corpus donations received- amount, date, mode of payment. Under the facts it is noted that the provision of section 115 BBC of the Act are not attracted in this case. The facts of this case are covered by the ratio of case laws relied by the AR(supra). Accordingly, in view the discussion made as above, it is held that the AO was not justified in making addition of Rs. 3.94 crore u/s 115BBC of the Act a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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