2015 (11) TMI 1829

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....lly for religious and charitable purpose. (ii) On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in ignoring the fact that the assessee is only a charitable trust running Charitable Dispensaries, Educational Institutions and Sangeet Kala Kendras and the provisions of section 115BBC(1) is fully applicable in this case. (iii) The appellant craves leave to add to alter or amend any ground of appeal raised above at the time of hearing." 3. Facts of the case in brief are that the assessee filed the return of income in Form No. 7 on 29.09.2009 declaring Nil income which was processed u/s 143(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act) on 23.10.2010. Later on, the case was selec....

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....ed the submissions of both the parties and carefully gone through the material available on the record. In the present case, it is an admitted fact that the assessee is registered u/s 12AA of the Act and its income is exempt u/s 11 of the Act. The assessee is running Satyug Darshan Sangeet Kala Kendra and also running a school under the name and style of Satyug Darshan Vidhyalaya, there was no change in the aims & objects of the assessee in comparison to the earlier year. The AO while framing the original assessment vide order dated 31.03.2011 categorically stated that the activities of the assessee are charitable within the meaning of Section 2(15) of the Act and there was no change in the aims and objects of the assessee as compared to th....

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.... (B) one lakh rupees, and (ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the aggregate of anonymous donations received.] The following clause (ii) shall be substituted for the existing clause (ii) of sub-section (1) of section 115BBC by the Finance (No. 2) Act, 2014, w.e.f. 1-4-2015: (ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the aggregate of anonymous donations received in excess of the amount referred to in sub-clause (A) or sub-clause (B) of clause (i), as the case may be. (2) The provisions of sub-section (1) shall not apply to any anonymous donation received by- (a) any trus....