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ITAT Delhi: Corpus Donation Not Income – ₹26.25 Lakh Addition on Trust Deleted

Case Law Details

TaxGuru Citation
2025 taxguru.in 8030
Case Name
Sai Man Education Society Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Sai Man Education Society Vs ITO (ITAT Delhi)

Corpus Donation Not Income– Trust Proved Donor Identity & Genuineness+ ITAT Delhi Deletes ₹26 Lakh Corpus Donation Addition

Facts:

  • Assessee: The Sai Man Education Society, a trust registered u/s 10(23C)(iiiad), engaged in educational activities.
  • Received voluntary corpus donation of ₹26.25 lakh from M/s PR Systems through banking channels (Nov 2016).
  • Amount shown in financials as corpus fund.
  • Submitted receipts, donor’s PAN, KYC docs, certificate declaring donation as “corpus”, & donor confirmation.
  • AO’s Action: Rejected claim; treated donation as unexplained cash credit u/s 68.-Added ₹26.25 lakh & taxed @60% u/s 115BBE with 25% surcharge.
  • CIT(A)/NFAC: Confirmed addition, holding explicit directions for corpus not produced during assessment.

Tribunal’s Findings

1. Evidence for Corpus Donation

  • Paper book showed:
  • Receipts acknowledging donation (₹20 lakh + ₹6.25 lakh).
  • Donor’s KYC (PAN, passport, voter ID, bank statement, telephone bills).
  • Certificate by donor confirming “corpus donation”.
  • Balance sheet & receipt-payment account reflecting corpus.
  • Tribunal: Sufficient to prove identity, genuineness & creditworthiness.

2. Treatment u/s 68

  • Once assessee furnished confirmations & donor details, onus discharged.
  • AO failed to rebut evidence with contrary material.
  • Addition u/s 68 unsustainable.

3. Taxation u/s 115BBE

  • Tribunal cited Madras HC in SMILE Microfinance Ltd. (2024):
  • Enhanced rate of 60% u/s 115BBE applies prospectively from AY 2017-18 onwards.
  • Thus department’s stand unsustainable.

Decision

  • Addition of ₹26.25 lakh deleted.
  • Taxation u/s 115BBE at higher rate not applicable.
  • Appeal of assessee allowed in full

FULL TEXT OF THE ORDER OF ITAT DELHI

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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