INCOME TAX ACT, 1961

Section 250 Section 115BBC

Appeal [CIT(A)] - Anonymous donation under section 115BBC - Assessee received sahyog rashi being corpus donation -

During the course of assessment proceedings, AO observed that a sum was received by assessee as Sahyog Rashi being Corpus Donation which was directly credited in balance-sheet and not routed through income and expenditure account, however shown as receipts/income in computation of income. Against the said receipt, the assessee has incurred a sum towards capital expenditure. Due to difference with CA/AR of the trust and the online assessment process, the e-mail for show-cause and notices were received by CA/AR but no reply thereof could be filed and thus, the AO has decided the case ex-parte qua assessee. It was submitted that a list of persons with their names and addresses were filed with AO. However, AO had not taken cognizance of the said details submitted by assessee in support of voluntary contributions received by assessee and treated the same as anonymous donation in terms of section 2(24)(iia) read with section 115BBC. Held: Ledger submitted by assessee contained the identity of the donors in terms of name and address and other requisite particulars as prescribed as so sought by AO was not clear but it is a matter of record that the said ledger was produced before AO and was part of assessment records and therefore, does not qualify as an additional evidence. These details so submitted by assessee needs to be duly examined and basis such examination, a finding should be clearly recorded as to whether and to what extent, the donations so received qualify as anonymous donations or not. Therefore, matter was remanded back to CIT(A) to consider the details so submitted by the assessee and decide the matter afresh on merits as per law.

REFERRED :

FAVOUR : Matter remanded.

A.Y. :

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