SAISHAM BAHUUDHESHIYA SANSTHA DHULE,DHULE vs. ITO EXEMPTION WARD 2, NASHIK, NASHIK
What did the Tribunal hold?
The Tribunal held that the AO was justified in treating the donations as anonymous under Section 115BBC because the assessee failed to provide sufficient details to establish the identity, creditworthiness, and genuineness of the transactions with the donors.
What were the facts?
The assessee, a trust, filed a return declaring Nil income. The AO brought to tax donations of Rs. 2,25,750/-, treating them as anonymous donations under Section 115BBC, as the trust failed to provide donor details like names, addresses, and PAN. The CIT(A)/NFAC confirmed this action.
What were the issues?
Whether the AO was justified in treating donations as anonymous under Section 115BBC due to lack of donor details. The taxability of donations itself was not under challenge.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI INTURI RAMA RAO
आदेश / ORDER
PER INTURI RAMA RAO, AM:
This is an appeal filed by the appellant directed against the order of National Faceless Appeal Centre, Delhi dated 29.04.2024 for the assessment year 2012-13.
Briefly, the facts of the case are that the appellant is a Trust incorporated with the object of providing Educational Facilities to the Children of the Society which includes pre-primary education, professional education, training programmes, providing medical and financial aid to poor, providing computer training programmes, technical education courses etc. The Return of Income for the A.Y. 2012-13 was filed on 29.06.2012 declaring Nil income. Against the said return of income, the assessment was completed by the AO vide order dated 04.02.2015 passed u/s.143(3) of the Income-tax Act, 1961 (hereinafter also called ‘the Act’). While doing so, the AO brought to tax the donations of Rs.2,25,750/- received during the previous year relevant to the assessment year under consideration. Subsequently, the AO passed rectification of the assessment order vide order dated 30.12.2016 u/s.154 of the Act treating the donations as anonymous donations and brought to tax the same under the provisions of section 115BBC of the Act. The AO further noted that appellant trust is neither registered u/s.12A nor exempted u/s.80G.
Being aggrieved by the above order passed u/s.154, appellant trust filed an appeal before the CIT(A)/NFAC who vide impugned order confirmed the action of the AO.
Being aggrieved, the appellant trust is in appeal before the Tribunal in the present appeal.
When the appeal was called on, none appeared on behalf of the appellant trust despite due service of notice of hearing. I therefore proceed to dispose of the appeal after hearing the ld. Departmental Representative.
The ld. Sr. DR submits that in the absence of details filed by the appellant trust, such as names, addresses & PAN of the donors, the AO was justified in treating the entire donations as anonymous donations applying the provisions of section 115BBC of the Act.
I heard the ld. Sr. DR and perused the material on record. The solitary issue that arises for my consideration is whether or not the AO was justified in treating the donations of Rs.2,25,750/- as anonymous donations applying the provisions of section 115BBC of the Act. The issue of taxability of the donations of Rs.2,25,750/- is not under challenge. The only issue that was raised in the present appeal is challenging the applicability of section 115BBC of the Act to the donations received. On mere perusal of the assessment order, it would reveal that the appellant trust had merely provided the names of the persons who made donations to the appellant trust. No details were filed establishing the identity, creditworthiness of the donors and the genuineness of the transactions. In the circumstances, I am of the considered opinion that the AO had rightly assessed the income u/s.115BBC of the Act by invoking the provisions of section 154 of the Act. I do not see any reasons to interfere with the order passed by the CIT(A)/NFAC, accordingly the appeal filed by the appellant trust stands dismissed.
In the result, the appeal filed by the appellant trust is dismissed.
Order pronounced on this 26th day of August, 2024.
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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