ITAT Agra Judgments — September 2020

The Tribunal held that the assessee acted solely as a PoA holder and not as the owner of the property. Therefore, the capital gains could not be assessed in the hands of the assessee, and the addition was not sustainable.

The Tribunal found that the CIT(Exemption)'s order was silent on the specific charitable activities carried out by the assessee. Therefore, the matter was remanded back to the CIT(Exemption) to re-examine the evidence of the assessee's own charitable activities and their impact, as well as the contributions to other trusts.

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and had filed the necessary applications. Therefore, keeping the appeals pending would serve no purpose. The appeals were dismissed as withdrawn.