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TMI Blog2023 (8) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... from being chargeable to income tax. Facts found by the Commissioner and the Tribunal clearly show that the assessee had furnished record of the identities indicating name and address of persons making the contributions. Revenue has not been able to demonstrate further requirement by prescribed particulars, as mentioned under sub-section (3) in section 115-BBC. As such, we answer the question in the negative and in favour of assessee. - JUSTICE ARINDAM SINHA And JUSTICE G. SATAPATHY For the Petitioner : Mr. Chitrasen Parida, Advocate For the Opposite party : Mr. Radheshyam Chimanka, Advocate (Senior Standing Counsel, I.T) ORDER 1. Appellant (assessee) seeks to prefer this appeal against order dated 15th June, 2022 in ITA no.44/CTK/2021 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account for the year ending 31.03.2016, as well as Balance Sheet as at 31.03.2016, the assessee has received donation for corpus fund of Rs.3,45,60,000/-. In respect of said donation, the AO has not verified the relationship between donors and trust, credit worthiness of donors, date and mode of payment of donation and genuineness of donation etc. during the course of scrutiny assessment. Hence, the donation of Rs.3,45,60,000/- is required to be treated as anonymous donation and taxable at the rate of 30% u/s 115BBC in accordance with the provisions of law. xxx xxx xxx (emphasis supplied) He submits further, the Commissioner also relied on section 13(7) to hold that anonymous donation is not eligible for deduction under sections 11 and 12. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how-cause notice, where in paragraph 3.2 the assessee said it had again enclosed therewith, detailed list of donors along with their complete address and amounts of donations given by them as annexure-1. The paragraph is reproduced below. 3.2. That thereafter the Ld. Assessing Officer complied all the details filed by the assessee with the books of account and other documents impounded which were found to be in order, therefore did not make any additions or did not treated the corpus donations as anonymous donation and passed the assessment order u/s. 143(3) by accepting the returned income. For your kind perusal again herewith we are enclosing the detailed list of the donor along with their complete address and the amount of donations give ..... X X X X Extracts X X X X X X X X Extracts X X X X
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