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| The Tax Publishers2019 TaxPub(DT) 7975 (Del-Trib) INCOME TAX ACT, 1961
Section 11
Where AO made addition on account of corpus donation received from members of assessee-society, however the corpus donation received from members could not be treated as income of assessee but as the same needed to be substantiated in the shape of confirmations from the member donors of the society, therefore, the matter was remanded to AO with a direction to grant opportunity to the assessee to file confirmations of the said donors.
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Charitable trust - -Exemption under section 11 - Genuineness of corpus donation -
AO observed that assessee introduced corpus donation received from members of society. According to AO, the assessee simply filed copy of ledger account maintained by it and as confirmations were not filed from any of the parties, he made addition of the same. Further, CIT (A) did not accept additional evidences in the shape of affidavits filed before him and sustained the addition so made by AO Held: There was merit in the submission of assessee that corpus donation received from members could not be treated as income of assessee. However, the same needed to be substantiated in the shape of confirmations from the member donors of the society. Therefore, the matter was remanded to AO with a direction to grant opportunity to the assessee to file confirmations of the said donors.
REFERRED :
FAVOUR : In assessee's favour by way of remand
A.Y. : 2012-13
INCOME TAX ACT, 1961
Section 68
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