2005 (2) TMI 84

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....dan B. Lokur J.- The appellant is aggrieved by an order dated January 10, 2002 passed by the Income-tax Appellate Tribunal, Delhi Bench-A, New Delhi (for short "the ITAT") in I.T.A. No. 2827/Delhi/96 for the assessment year 1991-92. The assessee is a charitable trust and its main activity is to provide medical advice to the poor and needy in various parts of Uttar Pradesh. It has mobile vans an....

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....Act was denied to the assessee. The assessee filed an appeal which was allowed by the Commissioner of Income-tax (Appeals) (for short "CIT(A)") by an order dated February 23, 1996. The Commissioner of Income-tax (Appeals) was of the view that the Assessing Officer was not justified in treating the donations received as income under section 68 of the Act. The assessee had disclosed the donations....

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....f learned counsel for the assessee that once a donation is received, it will be deemed to be received for a charitable purpose unless the donation was received towards the corpus of the trust. Learned counsel for the Revenue submitted before us that essentially what the assessee was trying to do was to launder its black money or unaccounted income by converting it into donations and it should n....

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....lation up to a specified maximum which, in the present case, was 25 per cent. In the appeal that we are concerned with, it has been found as a matter of fact that the assessee had applied more than 75 per cent. of the donations for charitable purposes as per its objects. To obtain the benefit of the exemption under section 11 of the Act, the assessee is required to show that the donations were ....