TaxTMI 
TaxTMI 
2025 (12) TMI 1029
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.... under revisional jurisdiction under Section 263 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). 2. The brief facts of the case are that the assessee had filed its return of income for the A.Y. 2020-21 on 22.01.2021 declaring total income of Rs. 1,46,70,690/-. The assessment was completed under Section 143(3) dated 05.09.2022 at Rs. 1,46,70,690/- as per return. Subsequently, the case record was called for and examined by the Ld. PCIT. He found that the assessee had claimed deduction of Rs. 6,00,000/- under Section 80G of the Act in respect of donation of Rs. 12,00,000/- made to the trust M/s. Aadhar Foundation, which was a bogus entity. He noted that a search action under Section 132 of the Act was conducted in the ca....
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....n facts in revising and setting aside the order of assessment when the very issue of donation to made to approved charitable trust was examined and inquired by the Id AO and based on evidences and reply by the appellant, the deduction u/s.80G was rightly allowed. The provisions of section 263 to revise the said assessment order are wrongly invoked. It be so held now. 3. The Id. Principal CIT further erred both in law and on facts in not appreciating the order passed u/s.143(3) after detailed scrutiny and necessary inquiry, the same could not be held to be erroneous or prejudicial to the interest of revenue merely because in his opinion, further inquiry is required to be made. Considering the explanations and details given and in vi....
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....lant craves leave to add, alter, modify or delete any of the grounds at the time of hearing." 4. Shri D.K. Parikh, Ld. AR of the assessee, submitted that in the course of assessment, the Assessing Officer had made enquiry in respect of deduction of Rs. 6,00,000/- claimed as deduction u/s 80G of the Act and all the relevant documents in this respect were duly filed before him. The Assessing Officer, after considering the reply of the assessee, had taken a conscious decision that the claim of the assessee for deduction u/s 80G of the Act was genuine. Under the circumstances, the Ld. PCIT was not correct in holding that the order of the Assessing Officer was erroneous and prejudicial to the interest of the revenue as the Assessing Officer h....
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....onsidered the rival submissions. It is found that the assessee, in the course of assessment, had furnished evidences for donation of Rs. 12,00,000/- made to M/s. Aadhar Foundation, in respect of which deduction u/s 80G of the Act was claimed. However, mere furnishing of the receipt does not establish the genuineness of the donation and the claim of deduction made by the assessee. The order of the Ld. PCIT reveals that the Department was in possession of the information that M/s. Aadhar Foundation was involved in providing bogus donations. This fact had emanated from search and seizure action u/s 132 of the Act conducted on 02.02.2021 in respect of political parties and charitable organisation group, including M/s. Aadhar Foundation. In view....
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....sessee was that the assessment order in the present case was passed on 22.09.2022, and the information regarding M/s. Aadhar Foundation indulging in providing alleged bogus donation came to be available with the Department on account of search conducted on 02.02.2021. Therefore, during the pendency of assessment proceedings in the case of the assessee, the AO was in possession of this information and, it is to be presumed therefore that he had allowed assessee's claim of deduction u/s.80G of the Act after considering and in the light of the information in his possession. Ld. Counsel for the assessee, however, admitted that no enquiry specifically was made by the AO on the claim of deduction u/s.80G of the Act in the light of information....