ITO, HASSAN vs. M/S VOKKALIGARA SANGHA, BELUR

ITA 281/BANG/2014Status: DisposedITAT Bangalore14 August 2015AY 2005-0615 pages
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What did the Tribunal hold?

The Tribunal held that voluntary contributions received for a specific purpose, like construction of a building, are capital receipts and not income under Section 2(24)(iia) of the Income Tax Act, even if the assessee is not registered under Section 12AA. The AO was directed to verify donation receipts.

What were the facts?

The assessee society received voluntary contributions for constructing a 'Kalyana Mantapa' during assessment years 2005-06 to 2009-10, for which it was not registered under Section 12A. The Assessing Officer treated these contributions as income, while the CIT(A) deleted the additions.

What were the issues?

Whether voluntary contributions received for a specific purpose, like construction of a building, are considered income under Section 2(24)(iia) of the Income Tax Act, irrespective of the assessee's registration status under Section 12AA.

Which sections of the Income-tax Act were involved?

Section 2(24)(iia),Section 12A,Section 12AA,Section 147,Section 148,Section 143(3)

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Income Tax Appellate Tribunal, BANGALORE BENCH “ B ”

Before: SHRI VIJAYPAL RAO & SHRI JASON P. BOAZ

Per Bench : These appeals by Revenue are directed against the common order of the CIT (Appeals), Mysore dt.20.8.2013 for Assessment Years 2005-06 to 2009-10. Since common issues are involved, the same were heard together and are being disposed off by way of this common order.

2.

The facts of the case, briefly, are as under :-

2.

1 The assessee is a society registered under the Karnataka Societies Registration Act, 1960 for carrying on activities for charitable purposes. The assessee was granted registration under Section 12A of the Income Tax Act, 1961 (in short 'the Act') w.e.f. M/s. Vokkaligara Sangha. Assessment Year 2012-13 onwards. In the course of proceedings for reg

The order continues below.

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