TaxTMI 
TaxTMI 
2025 (6) TMI 219
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....sed u/s. 143(3) r.w.s.144B of the Act. 2 Brief facts of the case are that the assessee is a charitable trust and registered under the Bombay Public Trusts Act, 1950 vide registration certificate dated 30.05.2011. Return of income for A.Y. 2021-22 furnished on 19.10.2022. Audit Report on Form No.10AD which was due to be filed on 15.01.2022 was furnished on 04.10.2022. Assessee has been granted provisional registration u/s. 12AB effective from A.Y. 2021-22 to A.Y.2023-24 and therefore for A.Y. 2021-22 it is considered to be registered u/s. 12A of the Act. Case selected for scrutiny under CASS followed by validly serving of notices u/s. 143(2) and 142(1) of the Act. Various details called for by ld. AO were submitted by the assessee. Howeve....
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.... said amount has also been confirmed by the payer. However, there is no other detail available. Assessee further submitted that even if the amount of Rs. 1,10,000/- is considered as an anonymous donation u/s. 115BBC of the Act and that since the application of the alleged sum for charitable purposes is not in dispute therefore as per the provisions of section 115BBC(1)(i)(B), only the amount in excess of Rs. 1.00 lakh can be subjected to tax @30% for which the assessee has no objection. 5 On the other hand, Ld. Departmental Representative vehemently argued supporting the orders of the authorities below. 6. We have heard the rival submissions and perused the record placed before us. The only dispute for our consideration is whether ld.....
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.... Nivrutti Elmane during the year and the same cannot be taxed u/s. 68 of the Act. Therefore, the addition u/s. 68 of the Act at Rs. 2,51,000/- is hereby deleted. Ground No.1 raised by the assessee is allowed. 8. Next is the cash donation received from Mr. Bhagwan Dnyanoba at Rs. 1,10,000/-. This donation has also been received in cash. Apart from confirmation letter of Mr. Bhagwan Dnyanoba, there is no other document to justify the source of income. In this case, no statement was taken by the AO. It is also observed that the amount received as donation during the year has been applied for charitable purposes and the same is not in dispute at the end of Revenue authorities. Income-tax return along with Audit Report of the assessee society....
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.... (2) The provisions of sub-section (1) shall not apply to any anonymous donation received by- (a) any trust or institution created or established wholly for religious purposes; (b) any trust or institution created or established wholly for religious and charitable purposes other than any anonymous donation made with a specific direction that such donation is for any university or other educational institution or any hospital or other medical institution run by such trust or institution. (3) For the purposes of this section, "anonymous donation" means any voluntary contribution referred to in sub-clause (iia) of clause (24) of section 2, where a person receiving such contribution does not maintain a record....