ADIVASI UNNATI SEVA MANDAL,RAJUR DISTRICT AHMEDNAGAR vs. ASSTT. COMMISSIONER OF INCOME TAX EXEMPTION CIRCLE, AURANGABAD, AURANGABAD
What did the Tribunal hold?
The Tribunal restored the issue to the AO, directing them to give the assessee one more opportunity to substantiate the identity and genuineness of donors with evidence. The AO was instructed to decide the issue afresh after considering the evidence.
What were the facts?
The assessee trust declared nil income, but the AO treated ₹51,14,500 as anonymous donations and brought ₹44,75,190 to tax under Section 115BBC. The AO initiated penalty proceedings under Section 270A for misreporting of income.
What were the issues?
Whether the penalty under Section 270A for misreporting of income was rightly levied when the assessee sought an opportunity to provide evidence for the identity and genuineness of donors.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI R. K. PANDA & MS ASTHA CHANDRA
आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: अपीलार्थी / The Appellant; 1. 2. प्रत्यर्थी / The Respondent 3. The concerned Pr.CIT 4. DR, ITAT, ‘A’ Bench, Pune 5. गार्ड फाईल / Guard file.
आदेशानुसार/ BY ORDER, // True Copy //
Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune
S.No. Details Date Initials Designation 1 Draft dictated on 20.09.2024 Sr. PS/PS 2 Draft placed before author 23.09.2024 Sr. PS/PS Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the Head 9 Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order
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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