ASST. COMMISSIONER OF INCOME TAX, (EXEMPTIONS), HYDERABAD vs. NICE FOUNDATION, HYDERABAD

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ITA 1566/HYD/2019Status: DisposedITAT Hyderabad27 April 2021AY 2011-125 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to delete the additions. The CIT(A) had considered the assessee's submissions and relevant case laws, directing the deletion of additions made on account of anonymous donations.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting additions made by the AO on account of donations. The assessee, a foundation, claimed exemption under Section 11 and had expenditures exceeding receipts.

What were the issues?

Whether the additions made by the AO on account of donations to the assessee foundation were justified, and if the CIT(A) erred in deleting them.

Which sections of the Income-tax Act were involved?

Section 11,Section 143(3),Section 115BC

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH ‘B, HYDERABAD

Before: SHRI SATBEER SINGH GODARA & SHRI LAXMI PRASAD SAHU

For Appellant: Shri A.V. Raghuram
For Respondent: Shri Rohit Mujumdar
Hearing: 16/03/2021Pronounced: 29/04/2021

O R D E R

PER L.P. Sahu, AM:

1.

This appeal filed by the Revenue for AY 2011-12 is directed against the CIT(A) - 9, Hyderabad’s order, dated 29/07/2019 involving proceedings u/s 143(3) of the Income Tax Act, 1961 ; in short “the Act”.

2.

Brief facts of the case are that the assessee filed return of income for A.Y. 2011-12 on 03.10.2011 declaring income of NIL after claiming u/s 11 of the I.T. Act, 1961. The AO observed that the total income during this year was Rs. 8,69,88,597/- and the total expenditure including capital was Rs. 9,78,37,965/-, therefore, it is a case where expenditure is more by Rs.

Nice Foundation, Hyd. 1,08,49,368/- from the receipts during the year. The return was processed u/s 143(1) of the I. T. Act, 1961. Subsequently, the case was selected for scrutiny under CASS After issuing the statutory notices u/s 142(1) and 143(2) were issued and served on the assessee, the AO completed the assessment by assessing the income of Rs. 1,96,16,670/- by making the additions of Rs. 1,83,13,640/- and Rs. 2,47,309/- on account of donations.

3.

Aggrieved by the order of AO, the assessee preferred an appeal before the CIT(A) and filed written submissions, which were extracted by the CIT(A) in his order.

4.

The CIT(A) after considering the submissions of the assessee and remand report of the AO, elaborately discussed the issue in dispute at length with various decisions of ITAT as well as the provisions of section 115BC and CBDT Circular No. 5/2010, dated 03/06/2010 and directed the AO to delete the additions made on account of donations. The CITA) held as under: “7.4 The details of donations received submitted before Assessing Officer have been perused. Most of the donations are in the range of Rs. 4,000 to Rs. 5,000/- which prima facie appears suspicious, although the name and address of donor including village is submitted. However, respectfully following the above mentioned decisions, the Assessing Officer is directed to delete the addition of Rs.

Nice Foundation, Hyd. 1,83,13,640/- made u/s. 115(BBC) of the I. T. Act, 1961.”

4.1 The CIT(A) has also relied on the following decisions of the coordinate benches of the Tribunal:

1. 1. Dhirendra Pal Singh Institute of Higher Education Vs. JCIT, dated 13/07/2018.

2. ACIT Vs. Shree Shiv Vankeshwar Educational and Social Welfare Trust, ITA No. 4623/Del/2012, dated 16/05/2019. 4.2 As regards the addition of Rs. 2,47,309/-, the CIT(A) directed the AO to delete the same on the above lines.

5.

Aggrieved by the order of CIT(A), the revenue is in appeal before us raising five grounds of appeal, the sum and substance of which are against the action of CIT(A) in deleting the additions of Rs. 1,83,13,640/- and Rs. 2,47,309/-.

6. We have considered the rival submissions and perused the material on record as well as gone through the orders of revenue authorities. The submission of the assessee before the CIT(A) is that it has never had any income that could be introduced as anonymous donations as its income is any way exempt. It is not an educational institution to have income which is to bring in some form or other. The foundation in fact has incurred cash loss as expenditure is more than the Nice Foundation, Hyd. receipts. These donations were genuinely given by the residents of the place where the foundation carried out camp of school children health care so that they could get matching grant from the Government of Rajasthan.

6.1 The CIT(A) after considering the submissions of the assessee, analysed the issue in dispute at length with various decisions of ITAT, and directed the AO to delete the additions made on account of anonymous donations. On considering the totality of the facts of the case, we do not find any infirmity in the order of the CIT(A) in directing the AO to delete the additions.

7.

In the result, appeal of the revenue is dismissed. Pronounced in the open court on 29th April, 2021.

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