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Income Tax - Highlights / Catch Notes

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Charitable society received cash credits from a non-resident ...


Charitable society's cash credits from non-resident donor upheld despite doubts on credibility.

Case Laws     Income Tax

September 14, 2024

Charitable society received cash credits from a non-resident individual, offered as taxable income. AO doubted credibility of donor based on his wife's statement about monthly expenses. ITAT held donor's non-taxability in separate assessment u/ss 153C and 144 lends credence to transaction. Society's charitable nature, public utility works undisputed. Mere suspicion based on donor's association insufficient to treat him as conduit. Wife's unawareness about donations renders reliance on her statement unjustified. Lack of corroborative evidence from Gupta brothers' search precludes treating donor as conduit. Affidavit possessed by assessee supports donation. Revenue's grounds rejected, decided in assessee's favor.

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