2016 (9) TMI 1668

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....njay Awasthi, Gaurav Mahajan For the Respondent :­ Nikhil Agrawal,Sanjai Kumar Mishra 1. Sri Gaurav Mahajan, Advocate for appellant and Sri Nikhil Agrawal, Advocate for respondent. 2. This appeal under Section 260­A of Income Tax Act, 1961 (hereinafter referred to as the "Act, 1961") has arisen from the judgment and order dated 07.01.2014 passed by Income Tax Appellate Tribunal, L....

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....onation as provided U/s. 11­1D which states that "Income in the form of voluntary contribution made with specific direction that they shall form part of the corpus of the trust or institution", meaning thereby that twin condition of voluntary contribution and specific direction have to be fulfilled which in the present case was not fulfilled, hence additions were made U/s. 68 R/w 115(BBC) R/w ....

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.... prove the identity, genuineness and creditworthiness of the donors? 6. Whether the ITAT erred in law in deleting the corpus donation of Rs.1,60,31,679/­ made by the Assessing Officer U/s. 68 on account of unexplained corpus donation without appreciating that assessee society activities were not found genuine and are not being carried out in accordance with the stated objects of the s....

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....ever, learned counsel for the parties stated at the outset that Questions No. 1 and 2 does not arise since Section 115 (BBC) itself was inserted in the Income Tax Act, 1961 w.e.f. 01.04.2007 and assessment year in question is 2005­-06. 5. It is further submitted that Questions No. 4, 5 and 6 are covered by an earlier judgment of this Court between same parties in Income Tax Appeal No. 276 o....