9911796707
TMI Blog2022 (12) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... donors having made corpus donations has to be accepted. Going with the prescription of section 115BBC r.w.s.11(1)(d), only such corpus donations fall for consideration u/s 115BBC for which the assessee did not maintain and furnish address of the donors to the AO through the list. Therefore, set-aside the impugned order and remit the matter to the file of the AO for examining the list of corpus donors as given at page 350 onwards of the paper book and make addition only in respect of such donors whose addresses are not given. In carrying out this exercise, the AO will give adequate opportunity of hearing to the assessee. Only the donations as per page 350 onwards of the paper books, where address of the donors were not given, fall within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the making of addition of Rs.32,26,560/-. The assessee contended before the ld. CIT(A) that all the necessary details, as called for by the AO, were duly furnished. The ld. CIT(A) required the AO to examine the assessee s contention and furnish a remand report. In the remand report dated 29-06-2022, the AO observed that out of total donations of Rs.32.26 lakh, donations amounting to Rs.20.30 lakh were received through cheques and the remaining amount of Rs.11.96 lakh in cash. The AO carried out verification in respect of 16 donors - consisting of 10 donors from whom donations were received by cheques by means of notices u/s.133(6); and 6 donors from whom the donations were received in cash by means of summons u/s.131. Written replies were f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hreshold by virtue of the operation of clause (d) of section 11(1) of the Act. Section 115BBC has the caption: Anonymous donations to be taxed in certain cases . Sub-section (1) of this provision provides that where the total income of an assessee, being a person in receipt of income on behalf of any university or other educational institution etc., includes any income by way of anonymous donation, the income-tax shall be calculated at the rates prescribed under this provision. The term anonymous donation has been defined in sub-section (3) of section 115BBC to mean any voluntary contribution referred to in sub-clause (iia) of clause 24 of section 2, where a person receiving such contribution does not maintain a record of the identity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and address. It can be seen from this list that the assessee furnished address of some of the donors but failed to furnish address of the others. The AO issued notices/summons to 10/5 donors and 9/4 responded by admitting the making of corpus donations. He, however, made addition even qua those donors who he had not issued any notice even though the assessee had given their address. This approach is not proper. If the AO chose to issue notice u/s.133(6) and summons u/s.131 in respect of a few of them, he cannot draw an adverse inference in respect of others who he did not issue any notice. Genuineness of such other donors having made corpus donations has to be accepted. Going with the prescription of section 115BBC r.w.s.11(1)(d), only s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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