2011 (1) TMI 1320

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....(whether corpus donations or general donations) received by a Charitable Trust is income as defined vide section 2(24)(iia) of the Act and corpus donations are exempt from tax u/s 11(1)(d) only if assessee is registered u/s 12A/12AA of the Act. 2. On the facts and in the circumstances of the case, ld. CIT(A) erroneously placed reliance upon appellate decision in the assessee's own case for assessment year 2003-04, which in turn is now under challenge in the Hon'ble Supreme Court. For asstt.year 2003-04 the CIT(A) has erroneously held that receipt of money by the assessee in the status of AOP has to be seen under normal provisions of the Act. Further, for asstt.year 2003-04, ld. CIT(A) failed to appreciate provisions of section 164 ....

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..... The learned counsel for the assessee has submitted that the aforesaid Tribunal order dated 30.1.2009, in the assessee's case for assessment year 2003-04, has been upheld by the Hon'ble High Court vide order dated 23.9.2009, a copy thereof has been placed on record. 9. The learned DR has contended that the learned CIT(A) has erred in deleting the addition rightly made and in doing so, he has failed to appreciate the fact that voluntary contributions received by the charitable trust are income u/s 2(24)(iia) of the Act and corpus donations are exempt from tax u/s 11(1)(d) of the Act only when the trust is registered under sections 12A/12AA of the Act; that the Tribunal decision(supra), in the assessee's own case, for assessment year 2003....