M/S ARYANS EDUCATIONAL AND CHARITABLE TRUST,MOHALI vs. DCIT, C-1, (E), CHANDIGARH

ITA 821/CHANDI/2019Status: DisposedITAT Chandigarh25 July 2024AY 2013-14Bench: SHRI A.D. JAIN (Vice President), DR KRINWANT SAHAY (Accountant Member)18 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the donations from students were not anonymous and the provisions of Section 115BBC and Section 68 were not attracted. However, a portion of the surplus retained by the Chairman was disallowed under Section 13(1)(c) and 13(1)(d).

What were the facts?

The assessee, an educational trust, received corpus donations from students. The Assessing Officer treated these donations as anonymous and bogus, making additions under Section 115BBC and Section 68. The trust also faced additions for alleged benefits provided to its Chairman, invoking Section 13(1)(c) and 13(1)(d).

What were the issues?

Whether donations received from students are anonymous and attract additions under Section 115BBC and Section 68, and whether the trust provided undue benefit to its Chairman, leading to disallowance under Section 13.

Which sections of the Income-tax Act were involved?

Section 115BBC,Section 68,Section 13(1)(c),Section 13(1)(d),Section 13(3)

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

Before: SHRI A.D. JAIN & DR KRINWANT SAHAY

For Respondent: Shri Rohit Sharma, CIT DR
Hearing: 19.06.2024

Per Dr. Krinwant Sahay, A.M.:

Appeal in this case has been filed by the Assessee against the order dated 05.03.2019 of the ld. Commissioner of Income Tax (Appeals)-2, Chandigarh, [herein referred to as “CIT(A)’] on the following Grounds: -

1.

That the Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in upholding the addition of Rs. 1,63,73,648/- made by the 821--Chd-2019 – M/s Aryans Educational and Charitable Trust, Mohali 2

assessing officer applying the provisions

The order continues below.

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