9911796707
TMI Blog2024 (5) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 AC of the Act. We also note that the assessee has been granted relief as claimed for since 1993-94 and even also in the scrutiny assessment for Assessment Year 2013-14 which is also on record. In fact, such claim of the assessee has not been able to be controverted by DR by producing any evidence contrary to the same at the time of hearing of the instant appeal. As considered the order passed by the coordinate bench on the identical facts and circumstances of the case wherein the said assessee trust has been granted relief u/s 80GGA r.w.s. 35AC of the Act. Paper book filed before us contains the details of donations made by the assessee to Janki Bajaj Gram Vikas Sansthan along with other donations made by the assessee to the other trusts. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orpus in the year 1987-88. Subsequently, by and under the order dated 18.12.2007, passed by the Hon ble Bombay High Court, in terms of the scheme of arrangement of demerger between Bajaj Auto Limited, Bajaj Holdings and Investment Limited and Bajaj Finserv Limited, the erstwhile share holders of Bajaj Auto Limited were allotted shares in the above referred three companies. As the assessee dis not disinvest these shares within the prescribed period of one year from the receipt of this shares the same led to contravention of the provision of the Section 11 (5) of the Act r.w.s. 13(1)(d) of the Act. In that view of the matter the assessee did not claim benefit under Section 11 and 12 of the Act on and from Assessment Year 1993-94. Infact, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d into the impugned order of confirmation of the addition made by the Ld AO, CPC under Section 143(1) of the Act. 6. We have heard the rival submissions made by the respective parties, we have also perused the relevant materials available on record including the order passed by the authorities below and the judgment relied upon by the respective parties. 7. The appellant utilized its income in granting donations to other charitable trust/ institutions holding valid certificate form exemption engaged in similar objects/activities. The appellant trust earned interest income of Rs. 23,22,869/- and the same has been utilized for granting donation of Rs. 24,00,000 to Janki Bajaj Gram Vikas Sanstha which is eligible for deduction at 100% under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0GGA of the Act in respect of the donations paid to the eligible institutions. 10. It is the further case made out by the assessee that the appellant right since Assessment Year 1993-94, was computed in the status of AOP and deduction under Section 80GGA read with section 35 AC of the Act was granted year after year. A copy of the scrutiny assessment order under Section 143 (3) of the Act for immediately preceding year i.e. Assessment Year 2013-14 has been filed before us wherein deduction as aforesaid has been granted. In that view of the matter, considering the principal of consistency, it has been submitted by the appellant on the basis of the law and identical facts available in the year under consideration, that the AO is not justified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered the order passed by the coordinate bench on the identical facts and circumstances of the case wherein the said assessee trust has been granted relief under Section 80GGA read with Section 35AC of the Act. Moreso, page-33 of the paper book filed before us contains the details of donations made by the assessee to Janki Bajaj Gram Vikas Sansthan along with other donations made by the assessee to the other trusts. However, the veracity of the donations made by the assessee on which the claim under Section 80GGA read with section 35AC of the Act has been made, has not been done by the authorities below. 13. In that view of the matter, we are disposing of this appeal with the direction upon the Ld. AO to verify the details of donations made ..... X X X X Extracts X X X X X X X X Extracts X X X X
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