TaxTMI 
TaxTMI 
2022 (11) TMI 814
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....e 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 following grounds of appeal: "1. That ....
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....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 was being run and owned by the Trust in a building. However, the bu....
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....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 building was not part of the gift deed. The ld. CIT(A) observed that how....
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....nt 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 assessee-trust. Therefore, there is no justification on the part of t....