2009 (9) TMI 1003

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....A) has not dealt with the income vs. application for charities (earthquake relief) and also totally omitted to consider the issue of section 11(5) of the I.T. Act violation dealt clearly in the assessment order. 2 The brief facts of the case are that the assessee submitted the return at Rs. 49,160/- along with Form No.10 and audit report in Form No.10B which was subsequently revised at a loss of Rs. 1,26,459/-. The assessee has claimed in the revised return donation for Earthquake Relief - Rs. 1835,003/- and donation for Building Fund - Rs. 2,20,500/- as specific donations being capital receipts. The assessee has claimed an expenditure of Rs. 1,26,483/- being incurred for the object of the Trust. The Assessing Officer on the basis of the....

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....TA No.3870/Ahd/2003, 2436 & 3440/Ahd/2004 for Asst. Year 2001-02 vide its even dated order has held that donations made by those concerns to assessee trust are eligible for deduction under section 80G as the trust is having valid registration certificate for the year under consideration and deduction claimed by them could not be denied as they have fulfilled the conditions laid under section 80G. These donations are made part of disallowance on the ground that in those cases these donations have not been accepted to be eligible for deduction under section 80G, so the facts discussed in the cases of M/s Hari Om Sarjak, M/s Hari Om Associates and Hari Om Finstock Ltd. will be relevant while deciding the issue that whether these donations can ....

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....Ahd/2003 dated 9-3-2007 in the case of Hari Om Sarjak, ITA No.3439/Ahd/2004 & ITA No.180/Ahd/2006 in the case of M/s Hari Om Associates, ITA No.2436 & 3440/Ahd/2004 in the case of Hari Om Finstock Ltd. The ITAT has in these cases stated that the fact that the said donors had given donations to the appellant trust which holds a valid certificate as Charitable Trust and is entitled to receive exemption u/s 80G. It was also observed by the Tribunal that they hold receipts of such donations. Therefore, according to the Tribunal these were valid donations given to the assessee trust. In this view of the matter there is no reason for holding that the donations shown by the appellant should have been treated as not genuine. The Assessing Officer w....