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“anonymous donation”

Charitable TrustsSection 115BBCSection 115BBC175 judgments

The decision most relied on for anonymous donation is CIT v. Halai Namon Association ( (330 ITR 24), cited in 33 judgments on BharatTax.

Leading authorities on anonymous donation

Judgments citing anonymous donation

Sri Venakteswara Swamy Devastanam, Jamalapuram vs. ITO., Exemption Ward1- (3), Hyderabad

In the result, both the appeals filed by the assessee are partly allowed

ITA 1003/HYD/2024[2016-2017]Status: DisposedITAT Hyderabad03 Jul 2025AY 2016-2017

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1002 & 1003/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2013-14 & 2016-17) Sri Venkateswara Swamy Vs. Income Tax Officer Devasthanam (Exemption), Ward 1(3) Jamalapuram Hyderabad Pan:Aamts2301Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate E Hari Babu राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2025 घोषणा की तारीख/Pronouncement: 03/07/2025 आदेश/Order Per Vijay Pal Raothese Appeals Filed By The Assessee Are Directed Against Two Separate Orders, Both Dated 19/02/2024 Of The Learned Cit (A)-Nfac Delhi, For The A.Ys. 2013-14 & 2016-17. 2. There Is A Delay Of 160 Days In Filing The Present Appeals. The Assessee Has Filed An Application For Condonation Of Delay. The Learned Ar Of The Assessee Has Submitted That During The Pendency Of The Appeal Before The Learned Cit (A), The Assessee Filed A Writ Petition Before The Hon'Ble High Court For Issuing Directions To The Learned Cit (A) & The Hon'Ble High Court Was Pleased To Give Directions To The Learned Cit (A)

For Appellant: Advocate E Hari BabuFor Respondent: : Dr. Sachin Kumar, DR
Section 11

Devasthanam and therefore, the same Page 15 of 37 ITA Nos 1002 and 1003 of 2024 Sri Venkateswara Swamy Devastanam cannot be treated as anonymous donation to be taxed u/s 115BBC of the Act. 7. As regard the first issue, the learned AR submitted that the provisions of section ... State Govt. The A.O has rejected the claim of the assessee and assessed the donations received under Hundi (Box collection) as anonymous donation u/s 69A r.w.s. 115BBC of the Act. 9.1 On appeal, the CIT (A) has deleted the addition u/s 69A, however, since the assessee has not filed

Sri Venkateswara Swamy Devastanam, Jamalapuram vs. ITO., Exemption Ward-1(3), Hyderabad

In the result, both the appeals filed by the assessee are partly allowed

ITA 1002/HYD/2024[2013-2014]Status: DisposedITAT Hyderabad03 Jul 2025AY 2013-2014

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.1002 & 1003/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2013-14 & 2016-17) Sri Venkateswara Swamy Vs. Income Tax Officer Devasthanam (Exemption), Ward 1(3) Jamalapuram Hyderabad Pan:Aamts2301Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate E Hari Babu राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 14/05/2025 घोषणा की तारीख/Pronouncement: 03/07/2025 आदेश/Order Per Vijay Pal Raothese Appeals Filed By The Assessee Are Directed Against Two Separate Orders, Both Dated 19/02/2024 Of The Learned Cit (A)-Nfac Delhi, For The A.Ys. 2013-14 & 2016-17. 2. There Is A Delay Of 160 Days In Filing The Present Appeals. The Assessee Has Filed An Application For Condonation Of Delay. The Learned Ar Of The Assessee Has Submitted That During The Pendency Of The Appeal Before The Learned Cit (A), The Assessee Filed A Writ Petition Before The Hon'Ble High Court For Issuing Directions To The Learned Cit (A) & The Hon'Ble High Court Was Pleased To Give Directions To The Learned Cit (A)

For Appellant: Advocate E Hari BabuFor Respondent: : Dr. Sachin Kumar, DR
Section 11

Devasthanam and therefore, the same Page 15 of 37 ITA Nos 1002 and 1003 of 2024 Sri Venkateswara Swamy Devastanam cannot be treated as anonymous donation to be taxed u/s 115BBC of the Act. 7. As regard the first issue, the learned AR submitted that the provisions of section ... State Govt. The A.O has rejected the claim of the assessee and assessed the donations received under Hundi (Box collection) as anonymous donation u/s 69A r.w.s. 115BBC of the Act. 9.1 On appeal, the CIT (A) has deleted the addition u/s 69A, however, since the assessee has not filed

St. Josephs Institute of Science and Technology Trust, Chennai vs. DCIT, Central Circle-1(3), Chennai

ITA 3297/CHNY/2024[2020-21]Status: DisposedITAT Chennai06 Jun 2025AY 2020-21

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.3293 & 3294/Chny/2024 निर्धारणवर्ष/Assessment Year: 2018-19 & 2020-21 St. Joseph'S Educational Trust, 56-C, Old Mahabalipuram Road, Sholinganallur, Chennai-600 119. [Pan: Aamts 3888 G] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-1(3), Chennai. (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita Nos.3295 To 3297/Chny/2024 निर्धारणवर्ष/Assessment Year: 2018-19 To 2020-21 St. Joseph'S Institute Of Science & Technology Trust, 56-C, Old Mahabalipuram Road, Sholinganallur, Chennai-600 119. [Pan: Aahts 9943 B] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-1(3), Chennai. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr. V. Balaji, Ca & Mr. K.R. Vasudevan, Advocate By Virtual प्रत्यर्थी की ओर से / Respondent By : Ms. Anitha, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 04.04.2025 घोषणाकीतारीख / Date Of Pronouncement : 06.06.2025 :: 2 ::

For Appellant: Mr. V. Balaji, CA &For Respondent: Ms. Anitha, Addl.CIT
Section 11Section 12ASection 139(1)Section 143(1)Section 270ASection 271A

declaring gross-receipts of Rs.49,40,58,348/- [including voluntary contribution of Rs.24 lakhs] and income of Rs.78,75,000/- representing anonymous donation u/s.115BBC of the Act. The AO assessed the gross receipts of the assessee at Rs.50,67,33,348/- by framing the assessment order u/s.143(3) r.w.s.153B

St. Joshephs Institute of Science and Technology Trust, Chennai vs. DCIT, Central Circle-193), Chennai

ITA 3296/CHNY/2024[2019-20]Status: DisposedITAT Chennai06 Jun 2025AY 2019-20

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.3293 & 3294/Chny/2024 निर्धारणवर्ष/Assessment Year: 2018-19 & 2020-21 St. Joseph'S Educational Trust, 56-C, Old Mahabalipuram Road, Sholinganallur, Chennai-600 119. (Pan: Aamts 3888 G) (अपीलार्थी/Appellant) V. The Dcit, Central Circle-1(3), Chennai. (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita Nos.3295 To 3297/Chny/2024 निर्धारणवर्ष/Assessment Year: 2018-19 To 2020-21 St. Joseph'S Institute Of Science & Technology Trust, 56-C, Old Mahabalipuram Road, Sholinganallur, Chennai-600 119. [Pan: Aahts 9943 B] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-1(3), Chennai. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr. V. Balaji, Ca & Mr. K.R. Vasudevan, Advocate By Virtual प्रत्यर्थी की ओर से /Respondent By : Ms. Anitha, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 04.04.2025 घोषणाकीतारीख / Date Of Pronouncement : 06.06.2025 :: 2 ::

For Appellant: Mr. V. Balaji, CA &For Respondent: Ms. Anitha, Addl.CIT
Section 11Section 12ASection 139(1)Section 143(1)Section 270ASection 271A

declaring gross-receipts of Rs.49,40,58,348/- [including voluntary contribution of Rs.24 lakhs] and income of Rs.78,75,000/- representing anonymous donation u/s.115BBC of the Act. The AO assessed the gross receipts of the assessee at Rs.50,67,33,348/- by framing the assessment order u/s.143(3) r.w.s.153B ... should be noted that the amount of Rs.24,00,000/- had been disclosed as voluntary contributions and Rs.78,75,000/- had been disclosed as anonymous donations in the return filed dated 15.01.2021 which at the time is a duly filed return of income as the time limit for filing

St. Josephs Educational Trust, Chennai vs. DCIT, Central Circle-193), Chennai

ITA 3294/CHNY/2024[2020-21]Status: DisposedITAT Chennai06 Jun 2025AY 2020-21

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.3293 & 3294/Chny/2024 निर्धारणवर्ष/Assessment Year: 2018-19 & 2020-21 St. Joseph'S Educational Trust, 56-C, Old Mahabalipuram Road, Sholinganallur, Chennai-600 119. [Pan: Aamts 3888 G] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-1(3), Chennai. (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita Nos.3295 To 3297/Chny/2024 निर्धारणवर्ष/Assessment Year: 2018-19 To 2020-21 St. Joseph'S Institute Of Science & Technology Trust, 56-C, Old Mahabalipuram Road, Sholinganallur, Chennai-600 119. [Pan: Aahts 9943 B] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-1(3), Chennai. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr. V. Balaji, Ca & Mr. K.R. Vasudevan, Advocate By Virtual प्रत्यर्थी की ओर से /Respondent By : Ms. Anitha, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 04.04.2025 घोषणाकीतारीख / Date Of Pronouncement : 06.06.2025 :: 2 ::

For Appellant: Mr. V. Balaji, CA &For Respondent: Ms. Anitha, Addl.CIT
Section 11Section 12ASection 139(1)Section 143(1)Section 270ASection 271A

declaring gross-receipts of Rs.49,40,58,348/- [including voluntary contribution of Rs.24 lakhs] and income of Rs.78,75,000/- representing anonymous donation u/s.115BBC of the Act. The AO assessed the gross receipts of the assessee at Rs.50,67,33,348/- by framing the assessment order u/s.143(3) r.w.s.153B ... should be noted that the amount of Rs.24,00,000/- had been disclosed as voluntary contributions and Rs.78,75,000/- had been disclosed as anonymous donations in the return filed dated 15.01.2021 which at the time is a duly filed return of income as the time limit for filing

Vasant Vyakhyanmala, Nashik vs. The Income Tax Officer, Exemption Ward 1(1), Nashik

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1097/PUN/2025[2017-2018]Status: DisposedITAT Pune05 Jun 2025AY 2017-2018

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1097/Pun/2025 िनधा"रण वष" / Assessment Year: 2017-18 Vasant Vyakhyanmala, V The Income Tax Officer, S.No.512/3/47, Lokshahir S Exemption Ward-1(1), Gajabhau Beni Marg, Samata Nashik. Nagar, B/H Runanubandh, Mumbai Agra Road, Nashik – 422011. Maharashtra. Pan: Aaatv3367P Appellant/ Assessee Respondent / Revenue Assessee By None. Revenue By Smt. Sonal L Sonkavde –Addl.Cit(Dr) Date Of Hearing 03/06/2025 Date Of Pronouncement 05/06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Addl./Joint Commissioner Of Income Tax(Appeal)-1, Visakhapatnam Under Section 250 Of The Income Tax Act, 1961 Dated 25.02.2025 For The A.Y.2017-18 Emanating From Order Under Section 143(3) Of The Act, Dated 14.11.2019. The Assessee Has Raised The Following Grounds Of Appeal :

Section 115BSection 143(3)Section 250

Whether the Honourable ADDL/JCIT (A) -1, Vishakhapatnam erred in law and on facts in confirming the addition of Rs.13,40,000 as anonymous donations under Section 115BBC of the Income Tax Act, 1961, without appreciating the fact that the donors were identified and details such as name, PAN, and address

M/S Surya World Educational Research and Charitable Institute, Rajpura vs. DCIT, CC-I, Chandigarh

In the result, the appeal filed by the assessee is dismissed both for non- prosecution and on merits

ITA 879/CHANDI/2018[2011-12]Status: DisposedITAT Chandigarh03 Jun 2025AY 2011-12

Bench: Us. Therefore, For The Sake Of Convenience & To Avoid Repetition, We Are Taking Ita No. 879/Del/2018 As The Lead Appeal & Reproducing The Facts, Grounds Raised & The Order Passed By The Ld. Cit(A)Karnal, For Completeness. 2. The Case Was Listed For Hearing On 29/5/2025 , When The Matter Was Called, There Was No Appearance From The Side Of The Assessee. It Is Noted From The Record That Earlier Mr. Tej Mohan, Advocate, Was Appearing On Behalf Of The Assessee. However, No Adjournment Request Or Explanation For Non-Appearance Has Been Filed. The Conduct Of The Assessee Indicates A Lack Of Interest In Prosecuting The Appeal. However, Considering Non- Appearance On Behalf Of The Assessee On Many Earlier Occasions & The Nature Of The Issues Involved, We Proceed To Decide The Appeal On Merits As Well.

For Appellant: NoneFor Respondent: Smt. Kusum Bansal, CIT, DR (Virtual Mode)
Section 68

note that the assessee has not submitted proper documentation evidencing the identity of the donors. In terms of section 115BBC of the Act, anonymous donations received by a charitable or religious trust are chargeable to tax at the rate of 30%. Even if such donations are styled as “corpus donations ... establish the identity of donors unless falling within the exceptions prescribed. We may reproduce the relevant section 115BBC , which is as under:- Section 115BBC – Anonymous donations received by certain entities (1) Where— (a) the total income of a person includes any income by way of any anonymous donation

M/S Surya World Educational Research and Charitable Institute, Rajpura vs. DCIT, CC-I, Chandigarh

In the result, the appeal filed by the assessee is dismissed both for non- prosecution and on merits

ITA 878/CHANDI/2018[2010-11]Status: DisposedITAT Chandigarh03 Jun 2025AY 2010-11

Bench: Us. Therefore, For The Sake Of Convenience & To Avoid Repetition, We Are Taking Ita No. 879/Del/2018 As The Lead Appeal & Reproducing The Facts, Grounds Raised & The Order Passed By The Ld. Cit(A)Karnal, For Completeness. 2. The Case Was Listed For Hearing On 29/5/2025 , When The Matter Was Called, There Was No Appearance From The Side Of The Assessee. It Is Noted From The Record That Earlier Mr. Tej Mohan, Advocate, Was Appearing On Behalf Of The Assessee. However, No Adjournment Request Or Explanation For Non-Appearance Has Been Filed. The Conduct Of The Assessee Indicates A Lack Of Interest In Prosecuting The Appeal. However, Considering Non- Appearance On Behalf Of The Assessee On Many Earlier Occasions & The Nature Of The Issues Involved, We Proceed To Decide The Appeal On Merits As Well.

For Appellant: NoneFor Respondent: Smt. Kusum Bansal, CIT, DR (Virtual Mode)
Section 68

note that the assessee has not submitted proper documentation evidencing the identity of the donors. In terms of section 115BBC of the Act, anonymous donations received by a charitable or religious trust are chargeable to tax at the rate of 30%. Even if such donations are styled as “corpus donations ... establish the identity of donors unless falling within the exceptions prescribed. We may reproduce the relevant section 115BBC , which is as under:- Section 115BBC – Anonymous donations received by certain entities (1) Where— (a) the total income of a person includes any income by way of any anonymous donation

Income Tax Officer (E), Lucknow vs. M/S. Vikat Educational Trust, Lucknow

In the result, the appeal of the revenue is dismissed and cross objection of the assessee is dismissed

ITA 394/LKW/2020[2017-18]Status: HeardITAT Lucknow16 May 2025AY 2017-18

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2017-18 Income Tax Officer M/S. Vikat Educational V. (Exemption) Trust T.C. 46V, 5Th Floor, U.P.S.I.D.C 32-A, Chandralok, Ltd, Vibhuti Khand, Gomti Aliganj, Lucknow-226020. Nagar, Lucknow-226010. Pan: Aaecc5529M (Appellant) (Respondent) C. O. No. 2/Lkw/2022 (In Arising Out Of Ita. No. 394/Lkw/2020) Assessment Year: 2017-18 M/S. Vikat Educational Trust Ito (Exemption) V. 32-A, Chandralok, Aliganj, 4Th Floor, Pratyaksha Kar Lucknow-226020. Bhawan, Ram Tirath Marg, Lucknow-226001. Pan: Aabtv6124D (Appellant) (Respondent) Appellant By: Shri Shyam Lal, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, Addl. Cit(Dr) Date Of Hearing: 05 05 2025 Date Of Pronouncement: 16 05 2025 O R D E R

For Appellant: Shri Shyam Lal, C.AFor Respondent: Shri Sunil Kumar Rajwanshi, Addl
Section 115BSection 68

disallowance to the extent of Rs. 510468.00. being of 3% @ of Donation received aggregating to Rs. 17051600.00 on adhoc basis to be treated as Anonymous Donation by treating as undisclosed income u/s 68 of IT Act, 1961, on the grounds of incomplete address of few Donors, furnished by trust ... details regarding the donations received by the appellant were submitted as required u/s 115BBC(3) of the Act. For the purpose of this section anonymous donations means any voluntary contribution refer to in sub-clause (iia) of clause 24 of section 2 of the Act, where a person receiving such