2025 (10) TMI 1228

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....250 of the Income Tax Act, 1961 (hereinafter referred as "the Act") arising out of Order dated 27.12.2019 of the Learned Assessing Officer/Income Tax Officer, Ward Exemption 1(3), New Delhi (hereinafter referred as "the Ld. AO") under Sections 143(3) of the Act for assessment year 2017-18. 2. Brief facts of the case are that return of income was filed on 03.11.2017 declaring nil income. The case was selected for scrutiny under CASS. Notice under Section 143(2) of the Act was issued on 17.08.2018. Notice u/s 142(1) of the Act along-with questionnaire was issued on 02.09.2019 asking the assessee to file details online electronically and specific details have also been asked for vide issue of notice u/s. 142(1) on various dates online elect....

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....d 27.12.2019, made addition of Rs. 1,89,64,378/- as deemed income. 4. Against order dated 27.12.2019 of Ld. AO, the appellant/assessee preferred appeal before the Ld. CIT(A) which was dismissed vide order dated 30.10.2024. 5. Being aggrieved, the appellant/assessee preferred present appeal with following Grounds of Appeal: "1. That the learned Commissioner of Income Tax (Appeals) has grossly erred in law and on facts in confirming the addition of a sum of Rs 1,89,64,378/- under section 11(3) of the Act which disallowance is unjustified and untenable in law and thus, should be deleted as such. 1.1 That while doing so, the Commissioner of Income Tax (Appeals) has arbitrarily brushed aside the replies, evidences furnish....

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....18964378/-by ignoring the fact that the donations which are given by donors for the specific purposes are not to be treated as application of income u/s 11(3). 2. That on the facts and circumstances of the instance case learned Assessing Officer has erred in initiating the penalty proceedings under section 270 A of the Income Tax Act 1961. 3. That the learned Assessing Officer has erred both in law and on facts in levying interest under section 234B of the Act which interest is not loveable on the facts and circumstances of the case of the appellant". 6. Learned Authorized Representative for the appellant/assessee submitted that the Ld. CIT(A) erred in confirming addition of Rs. 1,89,64,378/- under Section 11(3) of the ....

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....ards to the work so done by the said trust. It is also mentioned in the agreement with Anchal Charitable Trust that Care today Staff will have full access to the financial records of this project. The same terms of the agreement were also with Bal Raksha Bharat. Now, further similar terms have also been agreed by Care Today with other Trust/Institutions and it is quite evident from the above-mentioned facts and documents that the Assessee Trust has not paid any donation or grants without any specific utilization instructions to any trust or Institution but has only utilized/applied its funds for providing repairs and maintenance of Educational Institutions and construction of Bio-degradable Toilets in various areas and other charitable acti....