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Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
ORDER This assessee’s appeal for assessment year 2020-21, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2023-24/1062998263(1), dated 20.03.2024 involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). 2. Heard both the parties. Case file perused.
It emerges during the course of hearing with the able assistance coming from both the parties that the learned CIT(A)/NFAC has rejected the assessee’s claim of Rs.31 lakhs donated to M/s. Triveni Sewa Mission which was disallowed by the Assessing Officer in his order dated 24.09.2022 since representing a mere corpus donation than application of income, for the purpose of claiming section 11 exemption.
Both the parties vehemently reiterate their respective stands. The Revenue draws strong support from the CIT(A)/NFAC’s detailed discussion holding the assessee’s impugned claim as not allowable since found to be a corpus donation from the books of account of the recipient M/s. Triveni Sewa Mission. It could hardly dispute the clinching fact that neither there is any specific direction from the assessee/donor to the said recipient to this clinching effect going by section 11(1) Explanation 2 r.w.s. 12(1) of the Act nor any supportive evidence in the department’s favour. It is therefore deemed appropriate in these peculiar facts to delete the impugned disallowance/addition in very terms.
This assessee’s appeal is allowed. Order pronounced in the open court on 26th May, 2025