TaxTMI 
TaxTMI 
2022 (6) TMI 1201
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....nt order dated 28.12.2017 passed by the Assessing Officer (AO) under s. 143(3)) of the Income Tax Act, 1961 (the Act) concerning AY. 2015-16. 2. The grounds of appeal raised by the Revenue read hereunder: "1) Whether the lid. CIT(A) has erred in law and on the facts of the case in admitting the additional evidences without drawing satisfaction on one or more of the circumstances laid down in Rule 46A of the IT Rules, 1962, when the AO has given ample opportunities to the assessee to furnish the requisite details. 2) Whether the Ld. CIT(A) has erred in law and on the facts of the case in admitting the additional evidences merely relying on the decisions without examining their applicability on the facts of the case of th....
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....mbay Public Trust Act with the office of the Assistant Charity commissioner vide registration No. B/4, Rajkot, Dated 08/12/2008. The main objects of the trust are to run a public dispensary namely-lazzy Shirakhana, to run an educational institution under the name Al Madressa Tus Saifiya Tul Burhaniya, to provide necessary financial assistance to pilgrims for performing Haj and karbal Jayarat, incurring expenditure for celebrating religious festivals, etc and to provide the necessary financial assistance to pilgrims. The trust is registered u/s. 12AA of the I.T. Act vides no. 65-R-45/74-75/CIT.V dated. 15/12/1975 with Commissioner of Income-Tax, Gujarat-V,Ahmedabad. 3.1 During the course of assessment proceedings, on verification of compu....
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....60,87,760 and other earmarked fund received by the trust which was treated as corpus fund was of Rs. 26,65,329/-. Thus, as per books of accounts total corpus fund received by the assessee trust is Rs. 5,87,53,089/- where as in computation of income assessee has claimed corpus donation amounting to Rs. 6,27,71,069/-. Thus, amount claimed as corpus fund in computation of income is not being matched with the balance sheet provided by the assessee. 3.3 Further, during the course of assessment proceedings, assessee was asked to provide the copy of specific direction given by the donor regarding the utilization of the fund. In this regard, assessee has submitted letter of specific direction given by the donors for Rs. 5,50,00,000/- only. For d....
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....unting to Rs. 2,22,51,323/-. In this regard, vide letter dated 15.11.2017 assessee was asked to provide the supporting evidences. In response to said letter, copy of ledger account was provided by the assessee. Again vide letter dated 18.12.2017 assessee was asked to provide the supporting evidences for general donation received by the trust and also asked to show cause that in case of failing in submitting the details why the amount received by the trust as voluntary contribution should not be treated as unexplained cash credit as per the provisions of section 68 of The Act. Till date assessee has not provided any supporting evidences except the copy of ledger accounts. Further, on verification of ledger accounts provided by the assessee f....
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....rned AR's contention was that in the interest of justice, learned CIT(A) can admit additional evidences and in this case, learned CIT(A) has sought remand report from AO with regard to each and every additional evidence submitted before him and thereafter, decided the matter. In our considered opinion, learned CIT(A) can admit additional evidence if he finds it crucial and necessary for the disposal of the appeal. We think if additional evidence is without any blemish and in order to advances the cause of justice the same ought to be admitted. After considering the plethora of judgments, the paramount consideration of the adjudicating authority should be fair disposal of the appeal/case in order to protect interest of justice. As in the pre....