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Case Law Details

Case Name : Gian Sagar Educational and Charitable Trust Vs DCIT (ITAT Delhi)
Appeal Number : ITA No. 3801/Del/2016
Date of Judgement/Order : 19/10/2023
Related Assessment Year : 2012-13
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Gian Sagar Educational and Charitable Trust Vs DCIT (ITAT Delhi)

ITAT Delhi held that donations received cannot be considered to be anonymous donations under section 115BBC as details i.e., name, address, PAN, amount of donations of donors provided and not proved to be wrong.

Facts- Vide the present appeal, the appellant has contested that CIT(A) has erred in affirming the action of AO in treating the voluntary donations to the extent of RS. 11,60,77,000/- as anonymous donation u/s 115BBC of the Income Tax Act, 1961. The appellant contested that it had maintained complete records of the identity of the donor’s in compliance with provision of section 115BBC of the Act and disregarding the confirmation furnished by the appellant during the course of assessment as well as appellate proceedings.

Conclusion- Held that details of the names, addresses, their PAN card nos., cheque nos., dates and amounts of donation of the donors has not been proved to be wrong. Thus, the donation received by the assessee-trust cannot be considered to be anonymous donation by virtue of sub-section (3) of Section 115BBC of the I.T. Act, 1961.

FULL TEXT OF THE ORDER OF ITAT DELHI

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