ADIVASI UNNATI SEVA MANDAL,RAJUR DISTRICT AHMEDNAGAR vs. ASSTT. COMMISSIONER OF INCOME TAX EXEMPTION CIRCLE, AURANGABAD, AURANGABAD

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ITA 948/PUN/2023Status: DisposedITAT Pune23 September 2024AY 2017-18Bench: SHRI R. K. PANDA (Vice President), MS ASTHA CHANDRA (Judicial Member)7 pages
AI SummaryRemanded

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?

Section 115BBC,Section 143(3),Section 270A

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

For Appellant: Shri Pramod S Shingte
For Respondent: Shri Ramnath P Murkunde

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

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