KJSL Foundation Vs ITO (ITAT Delhi)
In this appeal, Assessee challenged the addition of ₹10 lakh made u/s 115BBI on alleged taxable donations while processing the return u/s 143(1). Assessee claimed the amount was corpus donation exempt u/s 11(1)(d), but no evidence or explanation was furnished before AO or before Addl/JCIT(A), who therefore upheld the addition through a non-speaking order, merely stating that Assessee failed to substantiate the corpus nature of the receipt.
Tribunal noted that the appellate authority did not examine the merits, nor verify whether the donations carried specific directions required for corpus exemption. Holding that such non-adjudication caused prejudice, Tribunal restored the matter to Addl/JCIT(A) for fresh decision after giving proper opportunity to Assessee to produce supporting evidence. Appeal was allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT DELHI
This appeal by the assessee is emanating from the order of the Ld. ADDL/JCIT(A), Ranchi in Appeal No. ITBA/APL/S/250/2025-26/1078479135, order dated 14.07.2025.
2. Heard both the sides and perused the records.
3. Brief facts of the case are that the assessee filed its return of income on 30.11.2023. The case was processed u/s. 143(1) and an addition of Rs. 10,00,000/- was made under section 115BBI of the Act, resulting in a demand of Rs. 3,93,280/-. Aggrieved, assessee appealed before the Ld. Addl/JCIT(A), who vide order dated 14.7.202025 has upheld the addition. Against the aforesaid, assessee is in appeal before the Tribunal.
