2013 (8) TMI 974

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eja ORDER I. C. Sudhir (Judicial Member) 1. The revenue has questioned the first appellate order on the following grounds:- 1. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in allowing the benefits of exemption u/s 11 &12 of the Act. 2. The learned CIT(A) has erred in deleting the addition of corpus donation of Rs. 13,83,000/-....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed reliance on the following decisions:- i) Director of Income-tax Vs. Keshav Social and Charitable Foundation (2005) 278 ITR 152 (Delhi). ii) CIT Vs. M/s All Saints College Society, Nainital (I.T.A. t :4Nos. 282 to 287 of 2007 and Others (Uttarakhand High Court); iii) Ahmedabad Urban Development Authority Vs. Deputy Director of Income-tax (E) (2011) 335 ITR 575 (Guj.); ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... these parties through account payee cheques, hence identity of the parties has been established and these parties are also having PAN and are assessed to tax. He has placed reliance on the decision of Hon'ble Delhi High Court in the case of DIT(E) Vs. Keshav Social and Charitable Foundation (supra) wherein the Hon'ble High Court has been pleased to uphold the action of the Tribunal that a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ee because assessee had provided list of donors and donations were found to be applied for charitable purposes. Since the above material findings of the learned CIT(A) regarding application of donations was for charitable purposes and furnishing of list of donors along with their identity by furnishing the amount through account payee cheques, their being PAN holders and their assessment to tax ha....