2020 (9) TMI 329

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....peal by the assessee is directed against the order dated 16-12-2019 passed by the CIT(A)-2, Kolhapur, in relation to the assessment year 2016-17. 2. The only issue pressed by the ld. AR is against the confirmation of addition of Rs. 2,35,89,700/-. 3. Briefly stated, the facts of the case are that the assessee is a society registered u/s.12A of the Income-tax Act, 1961 (hereinafter also called 't....

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....th the same and required to prove the claim of genuineness of donations through identifiable persons, failing which the donations of Rs. 2.35 crore and odd would be treated as `Anonymous donations' liable for tax u/s.115BBC of the Act. The assessee tendered an explanation on 24-12-2018 submitting that it was located in a drought-prone area surrounded by rural and uneducated population. Some more t....

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....e relevant material on record, it is observed that the assessee is a charitable trust registered u/s.12A of the Act. It is not the case of the assessee that the amount under consideration is a corpus donation. That being the position, such an amount is to be considered as voluntary contributions. Section 115BBC has been inserted by the Finance Act, 2006 w.e.f. 01-04-2007 with the caption: `Anonymo....

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....ion 12 shall operate so as to exclude from the total income of the previous year of the person in receipt thereof, any anonymous donation referred to in section 115BBC on which tax is payable in accordance with the provisions of that section. 5. Adverting to the facts of the instant case, it is observed that the AO issued notices u/s.133(6) to 49 persons which were either not served or remained u....