GEOMETRY EDUCATION FOUNDATION TRUST ,BAGHPAT vs. INCOME TAX OFFICER, EXEMPTION , GHAZIABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the assessee's Section 12A registration was granted prior to the assessment year and was evident from the records. Therefore, the addition made under Section 115BBC was not justified.
What were the facts?
The assessee's appeal for AY 2019-20 involved the addition of alleged anonymous donations of Rs. 20,62,300/-. This addition was made because the assessee allegedly failed to plead and prove its Section 12A registration.
What were the issues?
Whether the addition of alleged anonymous donations is sustainable when the assessee possesses a valid Section 12A registration.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Before: SHRI SATBEER SINGH GODARA
आदेश / ORDER
This assessee’s appeal for assessment year 2019-20, arises against the Ld. Commissioner of Income Tax(Appeals)/National Faceless Appeal Centre,, New Delhi’s, DIN & Order ITBA/NFAC/S/250/2025-26/1086560516(1) dated 26.02.2026 involving proceedings under section 143(3) of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused. 2. For the reasons stated in the assessee’s condonation averments, delay of 7 days in filing of the instant appeal is condoned in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC).
ITA 5208/DEL/2026 GEOMETRY EDUCATION FOUNDATION TRUST
It emerges at the outset that the assessee’s instant appeal hardly
requires the tribunal to delve with the relevant factual matrix at length. This is for the precise reason that both the learned lower authorities have
assessed its alleged anonymous donations of Rs.20,62,300/- u/s 115BBC of
the Act for the sole reason that it had failed to plead and prove the relevant
section 12A registration already granted in its case. 4. Learned departmental representative vehemently supports that the
impugned addition that it was the assessee’s bounden duty to place on
record that its section 12A registration before the learned lower authorities.
He could hardly dispute that the same stood granted in assessee’s case on 27.17.2018 by the Ld. CIT(E), Delhi very much borne out from the case records at page 42 of the paper book. I thus see no reason to uphold the
impugned section 115BBC addition which is hereby deleted in very terms.
The assessee’s appeal is allowed. Order pronounced in the open court on 7th July, 2026.
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 29th July, 2026. f{x~{tÜ f{x~{tÜ f{x~{tÜ f{x~{tÜ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
More judgments on Section 115BBC
- Vishranthi Trust, Bangalore vs Income Tax Officer, Ward-2 Exemptions…ITA 2495/BANG/2025[2017-18]Status: Disposed24 Sept 2026AY 2017-18
- Shree Rajgor Brahmin Pragati Mandal… vs ITO (E) Ward2(3) Mumbai, MumbaiITA 3433/MUM/2026[2023-24]Status: Disposed9 Sept 2026AY 2023-24
- Adivasi Deomogra Education Society, at… vs Deputy Commissioner of Income Tax…ITA 2432/PUN/2025[2017-18]Status: Disposed7 Sept 2026AY 2017-18
- Betestha Charitable Trust, East Godavari… vs ITO (Exemption Ward), RajahmundryITA 622/VIZ/2025[2018-19]Status: Disposed21 Aug 2026AY 2018-19
- Anil Swathi Balram Foundation, Vijayawada vs The Income Tax Officer, Exemption Ward…ITA 34/VIZ/2026[2017-18]Status: Disposed13 Aug 2026AY 2017-18
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