Denial of exemption u/s 10(23C) alleging bogus donation without evidence is unsustainable

DCIT Vs Podar Education Trusts (ITAT Mumbai)

ITAT Mumbai held that denial of exemption under section 10(23C) of the Income Tax Act on allegation of bogus donation unsustainable in absence of evidence that donation made by assessee to those trust are bogus.

Facts- The assessee is a charitable trust registered u/s. 12AA (1)(b)(i) of the Income-tax Act, 1961. During the course of search, the income tax department found that there are three trust belonging to Podar Group i.e.

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