ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE), BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

ITA 620/LKW/2024Status: DisposedITAT Lucknow07 August 2025AY 2016-17Bench: SHRI ANADEE NATH MISSHRA (Accountant Member), SHRI SUBHASH MALGURIA (Judicial Member)74 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the donations were genuine, relying on previous ITAT judgments that found similar donations to be valid. The AO's disallowance was based on unsubstantiated assumptions and retracted statements.

What were the facts?

The Assessing Officer made an addition of Rs. 3,75,00,000/- to the assessee trust's income, treating donations received as unaccounted income. The AO disbelieved confirmations from donor entities, stating they failed to provide substantive evidence.

What were the issues?

Whether donations received by a charitable trust can be treated as unexplained income when donor entities provide confirmations and bank statements, and previous ITAT rulings support the genuineness of such donations.

Which sections of the Income-tax Act were involved?

Section 68,Section 133(6),Section 147,Section 153C

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Income Tax Appellate Tribunal, LUCKNOW BENCH ‘A’, LUCKNOW

Before: SHRI ANADEE NATH MISSHRA & SHRI SUBHASH MALGURIA

For Appellant: Shri R. K. Agarwal, CIT (D.R.)

PER BENCH:

These two appeals have been filed by Revenue pertaining to assessment years 2015-16 and 2016-17 against separate impugned appellate orders of learned CIT(A), dated 26/03/2022 (for assessment year 2016-17) and dated 20/08/204 (for assessment year 2015-16).

2.

The facts of the case, in brief, are that the assessment order dated 26/03/2022 was passed by the Assessing Officer wherein the income of the assessee was assessed at Rs.3,75,00,000/- as against returned income of I.T.A. No.619 & 620/Lkw/2024 Assessment year:2015-16 & 16-17 nil. In the aforesaid assessment order, an addition of Rs.3,75,00,000/- was made by the Assessing Officer holding that the as

The order continues below.

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