2012 (2) TMI 752

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....in deleting addition of Rs. 75,81,000 and Rs. 116,02,000 in assessment years 2003-04 and 2004-05 respectively. On receipt of notice in the revenue's appeals, assessee has filed cross objections bearing Nos. 310 & 311/Del/2011. In the cross-objections, assessee has pleaded that tax effect involved in the appeals of revenue is less than Rs. 3 lacs and therefore, they are not maintainable. However, learned counsel for the assessee at the time of hearing did not press the cross objections, they are rejected. 2. The brief facts of the case are that assessee is a society registered under the Societies Act vide Registration No. S-11107 dated 11.8.1980. It is running and maintaining hospital in the name of Maharaja Agrasen Hospital. The main aim....

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....ndies. Assessing Officer has observed that assessee was unable to give separate details/confirmations/identity of the person in respect of corpus donation received through hundies as required under sec. 11(1)(d) and hence he treated these donations as income of the assessee and made the addition. 3. Dissatisfied with the order of the Assessing Officer, assessee carried the matter in appeal before the Learned First Appellate Authority. Learned First Appellate Authority has decided both the appeals by separate orders but his findings are verbatim same except variation in the quantum. The assessee contended before the Learned CIT(Appeals) that its case is squarely covered by the order of the ITAT passed in the case of Shree Mahadevi Tirath ....

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.... construction of the building. The ITAT on an analysis of the facts and circumstances held that donation was received for a specific purpose. The donors have donated the amounts with a specific directions that it will be used for construction of the building. It was a corpus donations and cannot be treated as income for the purpose of section 11 of the Act. 4. We have duly considered the rival contentions and gone through the record carefully. Section 12 sub-section (1) and section 11(1)(d) are relevant provisions for adjudicating the controversy in hand. They read as under: "12. Income of trusts or institutions from contributions.-(1) Any voluntary contributions received by a trust created wholly for charitable or religious pur....