9911796707
TMI Blog2022 (6) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the assessee has published advertisements requesting for donations. We find force in the argument of the Ld. AR that section 115BBC requires the recipients to maintain record of identity, name and address of the person making such contribution. In the instant case, the Ld. AR has provided the details of 2300 donors along with the names and addresses of the donors before the AO. We find that the AO has failed to scrutinize the donations received from various donors. We also find from the paper book filed by the Ld. AR that confirmation letters from the donors have been obtained and provided before the Ld. Revenue Authorities. Mere absence of PAN in the confirmation letters of the donors does not give raise to suspicion that they ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on petition. However, as per the decision of the Hon ble Supreme Court in SMW(A) No.3 of 2020, the period of limitation for filing the appeals under general laws and all special laws falling between 15/3/2020 and 28/02/2022 shall be excluded for calculating the delay. Considering the same, we hereby condone the delay of 135 days in filing the present appeal before the Tribunal and proceed to adjudicate the cases on merits. 3. Brief facts of the case are that the assessee is a Trust running educational institutions in the name and style of Siddhartha Academy of General Technical Education in and around Vijayawada. The assessee filed its return of income for the AY 2016-17 admitting total income of Rs. NIL. The case was selected for scru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e filed at the fag end of the assessment proceedings ie 21/12/2018 without giving any scope for the Assessing Officer for verification / cross examination of the donors. 3. The Ld. CIT(A) erred in allowing the appeal without calling for a remand report from the assessing Officer when confirmation / consent letters were filed at the fag-end preventing the AO from causing any enquiry. 4. The Ld. CIT (A) erred in allowing the appeal on the ground that no show cause notice was issued for the proposed addition when the show cause notice was issued on 5/11/2018 and was already discussed in detail in the assessment order. 5. The Ld. CIT(A) erred in allowing the appeal by accepting the assessee s contention that the amount of Rs. 82, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt the files were split into multiple files and filed accordingly. The Ld. AR also submitted that as per section 115BBC of the Act it is sufficient that if the names and addresses of the donors have been provided with respect to donations received from them. The Ld. DR objected to that and stated that no PAN details were submitted for some of the donors and it is evident from the paper book submitted by the Ld. AR. The Ld. DR also submitted that donations for the building fund have been collected from the students of various institutions being inmates in the hostels and the concerned institution aggregated and remitted to the assessee. The Ld. DR also submitted that as per the income and expenditure statement submitted by the Ld AR the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any anonymous donation, the income-tax payable shall be the aggregate of- (i) the amount of income-tax calculated on the income by way of any anonymous donation, at the rate of thirty per cent; and (ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause (i). (2) The provisions of sub-section (1) shall not apply to any anonymous donation received by- (a) any trust or institution created or established wholly for religious purposes; (b) any trust or institution created or established wholly for religious and charitable purposes other than any anonymous donation made with a specific direction that such donation i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribed and also should stand the test of scrutiny by the Revenue Authorities. In the instant case, the Ld. AR has provided the details of 2300 donors along with the names and addresses of the donors before the AO. We find that the AO has failed to scrutinize the donations received from various donors. We also find from the paper book filed by the Ld. AR that confirmation letters from the donors have been obtained and provided before the Ld. Revenue Authorities. Mere absence of PAN in the confirmation letters of the donors does not give raise to suspicion that they are anonymous donations as the maintenance of name and address details of the contributors is a sufficient document as prescribed u/s. 115BBC of the Act. It is also seen from the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
