2022 (11) TMI 814

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....l. CIT-DR, appeared on behalf of the Respondent ORDER Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 27.06.2019 of the Commissioner of Income Tax(Appeals), Durgapur (hereinafter referred to as the 'CIT(A)') passed u/s 250 of the Income Tax Act (hereinafter referred to as the 'Act'). The assessee in this appeal has taken the ....

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....f appeal." 2. The brief facts of the case is that the assessee is a charitable trust, however, not registered u/s 12A of the Act for the relevant assessment year under consideration. During the assessment proceedings, the Assessing Officer noticed that as per the balance sheet of the assessee, the assessee does not own any building but the fact was that an institution namely Abodh Institution w....

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....ssfully explained that the said amount was donated by its trustees. However, the ld. CIT(A) confirmed the addition of Rs.16 lakh made by the Assessing Officer in respect of building on the land received by the trust as gift from its settlers. The ld. CIT(A) further noted from the record that the said building was constructed by Smt. Mamata Mondal, trustee/settler of the assessee-trust and the buil....

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.... constructed or owned by the trust/institute for the relevant assessment year A.Y 2011-12. We find that the ld. CIT(A) has also categorically made observation that the building was constructed by the trustees of the assessee and not by the assessee itself. Since the building was not constructed by the assessee-trust, there was no question of any addition on account of unexplained investment by the....