9911796707
TMI Blog2021 (2) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... Accountant Member And Shri Kuldip Singh, Judicial Member For the Assessee : Shri Raghav Goel, CA For the Revenue : Shri Shailesh Kumar, Senior DR ORDER PER KULDIP SINGH, JUDICIAL MEMBER : Appellant, DCIT, Exemption Circle, Ghaziabad (hereinafter referred to as the Revenue ) by filing the present appeal sought to set aside the impugned order dated 30.03.2017 passed by the Commissioner of Income-tax (Appeals), Muzaffarnagar qua the assessment year 2010-11 on the grounds that :- 1. The Ld. Commissioner of Income Tax (Appeal) has erred in law and on facts in addition of ₹ 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 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling the appeal who has deleted the additions by accepting the appeal. Feeling aggrieved by the order passed by the ld. CIT (A), the Revenue has come up before the Tribunal by way of filing the present appeal. 4. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. 5. Ld. DR for the Revenue challenging the impugned order relied upon the remand report submitted by the AO discussed by the ld. CIT (A) in para 7 at page 45 of the impugned order wherein AO has reached the conclusion that addition of ₹ 3,94,80,000/- under the head anonymous donation u/s 115BBC of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Later on it was noted that a second remand report was to be submitted in respect of verification of original documents including additional evidence relating to donations received by the assessee in respect of donation aggregating to ₹ 3,94,80,000/-. The assessee was directed to produce the original documents including additional evidence filled before your good self in support of following donation aggregating to ₹ 3,94,80,000/- which were produced by the assessee before me on 06.02.2017. 1. Ashu Mittal ₹ 1,50,000/- 2. M/s. BSL Scalffording Ltd. ₹ 10,00,000/- 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17. Institute of Business Studies Research ₹ 15,00,000/- 18. Sh. Pawan Kumar Singhal ₹ 2,00,000/- The original documents and copies of other documents including additional evidence such as confirmation letters, income tax returns, bank statement and other relevant documents in respect of above donation were verified on test basic and copies of some of the documents were obtained from the assessee which is placed on record. Submitted for kind perusal. 7. Consequently, ld. CIT (A) examined both the remand reports submitted by the AO in the light of the facts and circumstance of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irmation, PAN Particulars address, copy of ITR , copy of bank statement Total 3,94,80,000/- The AO in the remand report vide letter No. 2943 dated 20.03.2017 has stated that she has gone through and verified the evidences filed by the appellant for corpus donation of ₹ 3.94 crore as above. She has not made any adverse comments on the genuineness of the evidences furnished by the appellant in support of the corpus donation. It is provided u/s 115BBC of the Act that anonymous donations means 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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