SREE SREE MOHANANANDA BRAHMACHARI MEDICAL WELFARE TRUST,KOLKATA vs. DDIT(E)-1, KOLKATA, KOLKATA
In the result, the appeal filed by the assessee is allowed
ITA 1333/KOL/2014[2002-2003]Status: DisposedITAT Kolkata15 Nov 2017AY 2002-2003
Bench: Shri N. V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1333/Kol/2014 (िनधा"रणवष" / Assessment Year: 2002-03 Sree Sree Mohanananda Vs. Ddit(E)-I, Kolkata Brahmachari Medical Welfare Trust 10B Middleton Row, Kolkata- Ae-467, Salt Lake City, 700071 Kolkata – 700 064 "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aadts 0083 J (Appellant) .. (Respondent) Appellantby :Shri M. K. Biswas,Acit Dr Respondent By :Shri Vigyaneshwarnathdatta, Advocate सुनवाईक"तारीख/ Date Of Hearing : 17/08/2017 घोषणाक"तारीख/Date Of Pronouncement : 15/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2002-03, Is Directed Against An Order Passed By The Cit(Appeals)-Xiv, Kolkata, In Appeal No.762/Cit(A)-Xiv/2011-12, Dated 18.03.2014, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 254/143(3) Of The Income Tax Act, 1961(Hereinafter Referred To As The ‘Act’) Dated 14.11.2011. 2. The Grounds Of Appeal Raised By The Assessee Reads As Under: “1.For That The Order Of Assessment Is Void Ab Initio, Bad In Law & Is Neither Tenable In Law Nor In Facts. 2.For That The Assessment Order Is Opposed To Requirement In Law & Without Jurisdiction. 3.For That The Assessment Is Made In Arbitrary, Violence Of Natural Justice, Without Application Of Mind & Not Tenable In Law. 4.For That The Order Of Authorities Below Is Grossly Unjustified In Disallowing The Claim Of Rs.54,83,854/- U/S 11(2) Of The Act. The Contention Of The Assessing Officer Is Neither Tenable In Law Nor In Facts.
For Appellant: Shri M. K. Biswas,ACIT DRFor Respondent: Shri VigyaneshwarNathDatta, Advocate
Section 11Section 11(1)Section 11(1)(a)Section 11(2)Section 13(1)(c)Section 13(3)Section 143(3)Section 254
69,846/- in Shree Shree Mohanananda Brahmachari Medical Welfare Trust
Assessment Year: 2002-03
A.Y. 2003-04 to Shree ShreeMohananandaSamajSevaSamity and received donation of Rs.13,00,211 in A.Y. 2002-03, and Rs.15,15,114 in A.Y. 2003-
04 from said trust Shree ShreeMohananandaSamajSevaSamity having common trustees. The AO observed that giving and receiving funds between two trust having common