Padmashree Dr. D.Y.Patil University, Mumbai vs. ACIT Income Tax CC-7(1), Mumbai
In the result, all the appeals of the assessee are allowed and all the
ITA 3266/MUM/2022[2015-16]Status: DisposedITAT Mumbai04 Jan 2024AY 2015-16
Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale
Section 11Section 11(1)(d)Section 115BSection 12ASection 132Section 143(3)Section 153ASection 80G
…last date of the IDS. The AO took the view that these persons have owned up cash and filed declarations on the direction of the assessee-trust only. He also took support of the decision rendered by Hon'ble Supreme Court in the case of ITO vs. Atchaiah (1996)(1 SCC 417), wherein the Hon'ble Apex Court has held that the right person and the right person alone has to be taxed by the IT Authorities. Accordingly, the AO has expressed the view that these employees cannot be considered as right persons to be taxed, when one looks at their earning capacity, statements, incriminating evidences and other surrounding circu…