2025 (2) TMI 1511

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....Pamnani, Sr. DR ORDER PER SANDEEP GOSAIN, JM: The present appeal has been filed by the revenue challenging the impugned order 07.11.2024, passed u/s. 80G(5) of the Income Tax Act, 1961 ('the Act'), by the Commissioner of Income Tax (Exemption) for the assessment year 2012-13. The revenue has raised the following grounds of appeal: 1. Whether, on the facts and in the circumstances....

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....laim, despite sufficient opportunity being provided by the AO during the assessment proceedings? 2. The only ground raised by the revenue relates to challenging the order of Ld. CIT(E) allowing the appeal of the assessee by treating the amount received by the assessee as corpus donation in violation of Rule 46A of the Income Tax Rules, 1962 3. In this regard, we have heard the counsel for bo....

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....laimed that the earmarked corpus donation and the Sashwat Seva fund were exempt from tax u/s. 11(1)(d) of the Act. 5. During the assessment proceedings, the AO found that there was no documentary evidence, which suggest that the donation towards earmarked corpus fund or Saswat Seva fund were collected from donors with specific directions from the donors. Which is a prime condition for treating ....

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....s donation to wholly religious trust or institutions will not be taxed therefore allowed the appeal of the assessee. 7. After having considered the entire facts and circumstances of the present case, we also found that it is an undisputed fact that assessee is a wholly religious trust. Therefore we are also of the view that the intent of the legislation in this regard is not to tax any donation....