BK EDUCATIONAL AND WELFARE SOCIETY,NASHIK vs. ITO(E), WARD 1(1) , NASHIK

ITA 1429/PUN/2024Status: DisposedITAT Pune16 May 2025AY 2021-22Bench: DR.MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)1 pages
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What did the Tribunal hold?

The Tribunal deleted the addition of Rs. 2,51,000/- received from Dr. Bhagwan Nivrutti Elmane as the assessee successfully explained the nature and source. For the donation of Rs. 1,10,000/- from Mr. Bhagwan Dnyanoba, treated as anonymous donation, the Tribunal held that only the amount in excess of Rs. 1 lakh is taxable @30% under section 115BBC.

What were the facts?

The assessee, a charitable trust, furnished its return of income for A.Y. 2021-22. The AO made additions under section 68 of the Act for cash donations received from Dr. Bhagwan Nivrutti Elmane and Mr. Bhagwan Dnyanoba. The CIT(A) partly upheld these additions.

What were the issues?

Whether the additions made under Section 68 for cash donations were justified, and if not, whether Section 115BBC applies to the remaining donation.

Which sections of the Income-tax Act were involved?

Section 68,Section 11(1),Section 115BBC,Section 143(3),Section 144B,Section 250,Section 143(2),Section 142(1),Section 131(1)(b),Section 115BBC(1)(i)(B)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCHES “SMC”, PUNE

Before: DR.MANISH BORAD & SHRI VINAY BHAMORE

For Appellant: Shri Sanket Joshi
Hearing: 06.05.2025Pronounced: 16.05.2025

PER DR. MANISH BORAD, ACCOUNTANT MEMBER :

The captioned appeal at the instance of assessee pertaining to A.Y. 2021-22 is directed against the order dated 03.05.2014 framed by National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (in short ‘the Act’) arising out of the Assessment order dated 18.12.2022 passed u/s.143(3) r.w.s.144B of the Act.

2

Brief facts of the case are that the assessee is a charitable trust and registered under the Bombay Public Trusts Act, 1950 vide registration certificate dated 30.05.2011. Return of income for A.Y. 2021-22 furnished on 19.10.2022. Audit Report on Form No.10AD which was due

2 BK Edu

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