2023 (1) TMI 1077

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....: Shri Ramnath P. Murkunde ORDER PER S. S. VISWANETHRA RAVI , JM : Both these two appeals by the assessee against the common order dated 22-03-2022 passed by the National Faceless Appeal Centre ("NFAC"), Delhi for assessment years 2010-11 and 2012-13. 2. Since, the issues raised in both the appeals are similar basing on the same identical facts, we proceed to hear both the appeals toge....

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....the blood and to preserve it in good condition for which it requires to maintain laboratory with modern equipments with well trained staff. It was submitted by the ld. AR that the assessee received voluntary donations for specific purpose. The assessee made entries to that effect in the Balance sheet as capital receipts. There is no dispute with regard to filing of details of list of donors, sampl....

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....d u/s. 12AA of the Act is taxable are not. The Tribunal in the said case placed reliance in the case of Chandraprabhu Jain Swetamber Mandir reported in 82 taxmann.com 245 (Mumbai-Trib.) which in turn, by placing reliance in various decisions held the voluntary contributions received towards the corpus of trust cannot be brought to tax in view of their capital in nature. On a careful reading of the....

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.... taxable in the case of unregistered trust also and in view of the same the order of CIT(A) is not justified. Therefore, the denial of exemption for not having registration u/s. 12AA of the Act resulted into disallowance therein is deleted. Thus, the grounds raised by the assessee are allowed. 7. In the result, the appeal of assessee is allowed. ITA No. 379/PUN/2022, A.Y. 2012-13. 8. We f....